Protection Visa
A visa for people who are in Australia and need protection because they fear persecution in their home country.
About Protection Visas
Protection visas are for people who arrived in Australia and are seeking asylum or protection because they fear persecution in their home country. Australia has international obligations to protect refugees under the 1951 Refugee Convention and the 1967 Protocol.
Types of Protection Visas
- Permanent Protection Visa (Subclass 866) - for those who arrived lawfully
- Temporary Protection Visa (Subclass 785) - temporary visa with limited rights
- Safe Haven Enterprise Visa (Subclass 790) - temporary visa with work rights
Who Can Apply?
You may be eligible for a protection visa if:
- You are in Australia (excluding Australian citizens)
- You fear persecution in your home country
- The persecution is due to your race, religion, nationality, membership of a particular social group, or political opinion
- You cannot obtain protection from your home country
- You meet Australia's refugee or complementary protection criteria
What is Persecution?
Persecution involves serious harm and systematic and discriminatory conduct. Examples include:
- Threat to life or liberty
- Significant physical harassment
- Significant physical ill-treatment
- Significant economic hardship
- Denial of access to basic services
- Denial of capacity to earn a livelihood
Application Process
Lodge Application
Submit protection visa application while in Australia
Provide Evidence
Submit detailed information about your circumstances and fears
Interview
Attend interview to discuss your protection claims
Assessment
Department assesses if you meet protection obligations
Decision
Receive decision on protection visa application
Rights and Obligations
If Granted a Protection Visa
- Right to remain in Australia
- Access to work rights (varies by visa type)
- Access to Medicare and other services
- Obligation to comply with Australian laws
- Possibility of family reunion (for permanent visas)
While Application is Being Processed
- You may be granted a bridging visa allowing you to stay in Australia
- Work rights may be granted on your bridging visa
- Access to limited support services may be available
Important Information
- Protection visa applications are complex and require substantial evidence
- Processing times vary significantly
- There are strict time limits for lodging applications in some cases
- Legal assistance is strongly recommended
- False or misleading information can result in visa refusal and possible criminal charges
Seek Professional Advice
Protection visa applications are highly complex and have significant legal implications. We strongly recommend seeking advice from a registered migration agent or lawyer who specializes in refugee and humanitarian law.
Additional Resources
Refugee Council of Australia
Provides information and advocacy for refugees and people seeking asylum
Asylum Seeker Resource Centre
Offers support services to people seeking asylum in Australia
Legal Aid
May provide free or low-cost legal assistance for protection visa matters
Need Assistance?
Protection visa matters are complex. Our registered migration agents can provide expert guidance.
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