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Protection visa (Subclass 866)

AustraliaHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Australia Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is an onshore asylum mechanism: a permanent Protection visa for people who arrived in Australia holding a valid visa and want to seek asylum, granted where they engage Australia's protection obligations (as a refugee, or under complementary protection criteria) and meet all other requirements.

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Which population, circumstances or geographic group does the mechanism cover?

It covers people who arrived in Australia while holding a visa that was in effect and were immigration cleared on arrival, who are a refugee or meet Australia's complementary protection criteria (or are a member of the same family unit as someone who does). It expressly excludes unauthorised maritime arrivals and people not immigration cleared on their last entry, and bars anyone who has previously held a Temporary Protection visa (subclass 785), Temporary Safe Haven visa (subclass 449), Temporary (Humanitarian Concern) visa (subclass 786), or Safe Haven Enterprise visa (subclass 790).

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Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

This is a direct, in-country application process, not a border claim or UNHCR referral: the person must already be in Australia, having arrived while holding an effective visa and having been immigration cleared (entering at an airport or seaport, showing an effective passport and visa, and leaving the port with an Australian Border Force officer's permission), and then lodges a Protection visa application while onshore.

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What happens after the request: registration, family handling, major support and rights where officially stated?

After lodging, the applicant must cooperate with identity checks (documents on identity, nationality or citizenship, and possibly biometrics such as fingerprints and a facial photograph), undergo health examinations conducted by Bupa Medical Visa Services after being issued a health identifier (HAP ID), meet security and character requirements, and sign the Australian Values Statement if 18 or older.

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Which competent authority, UN body or official assistance channel should the person use?

Free legal advice is available to people considering a Protection visa application, and the department offers an online tool to help work out if a Protection visa is the right pathway. The official page warns that measures are in place to stop people misusing protection visas and links to guidance that Protection visas are for genuine asylum seekers.

See recorded sources
  • Overview tab
    If you are thinking about applying for protection you can get free legal advice.
  • Overview tab
    To find out if a Protection visa is right for you or someone you know try our online tool.
  • Overview tab
    Big changes are here to stop people misusing protection visas.
  • Overview tab — Help with your visa
    Free legal advice and help with your Protection visa application is available, See: Free legal help

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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