People who arrive in Australia with a valid visa and are seeking asylum can apply to the Department of Home Affairs (DHA) for a Protection visa (Subclass 866). This visa would allow permanent stay in Australia.

People who arrive in Australia without a visa and are seeking asylum can apply to DHA for a Temporary Protection visa (Subclass 785) or Safe Haven Enterprise visa (Subclass 790) Both of these visa subclasses would allow a temporary stay in Australia.

Eligibility Criteria

An applicant must demonstrate a well-founded fear of persecution or other serious harm due to race, religion, nationality, political opinion or membership of a particular social group, if they are returned to their home country. Additionally, an individual must demonstrate that they are at a real risk of serious human rights violations if returned to their home country.

To be eligible for a Protection visa, you must meet the following requirements:

  • Protection criteria: Firstly, you must prove that you meet Australia's definition of a refugee, which is outlined in the Refugee Convention. If you do not meet the definition of a refugee, you must demonstrate that you are at risk of serious harm due to a human rights violation if returned to your home country.
  • Health and character requirements: You must undergo health and character checks as part of the application process.
  • No other visa options: You must not be eligible for any other visa subclass.

Application Process

A person who arrives in Australia with a valid visa and then seeks asylum can apply to the Department for a Protection visa (subclass 866) on a Form 866 (online).

Asylum seekers who arrive in Australia without a visa must lodge an application for protection with the Department and must decide whether to apply for a TPV or a SHEV. A TPV provides the pathway to a permanent protection visa (Resolution of Status Subclass 851) while a SHEV has only a pathway to a further temporary protection visa

Protection visa applicants will need to:

  1. Prepare Supporting Documents: Gather all necessary documents, including identity proof, evidence of persecution, and character references.
  2. Submit Application Online: Lodge your application online with the Department of Home Affairs
  3. Attend Interviews and Health Checks: You may be required to attend an interview and undergo health and character assessments.
  4. Await a Decision: The Department of Home Affairs will assess your application and make a decision.

Application Cost

The application fee for all three protection visa is AUD $45. If the applicant is in detention, there is no application fee. Applicants are not required to pay an additional fee for a subsequent application or any additional fees for additional applicants included in the application.

What to Do If Your Application Fails

In the unfortunate event that your application is unsuccessful, you have several options:

  • Appeal: You can appeal the decision through the Administrative Appeals Tribunal (AAT) within the prescribed time frame.
  • Reapply: Depending on the reasons for the rejection, you may choose to reapply after addressing any issues or providing additional evidence.

Remember that immigration laws and policies can change, so it's advisable to stay updated with the latest information from the Department of Home Affairs or consult with an immigration expert for personalised guidance on your protection visa application. Australia welcomes those in genuine need of protection and is committed to offering a safe haven for those seeking refuge on its shores.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.