Protection Visa Subclass 866 Eligibility Criteria

A Protection Visa (Subclass 866) is an option for people who are in Australia and afraid to return to their home country because of what might happen to them. This may be due to a fear of persecution or serious harm. According to reports from the Department of Home Affairs Australia, 1,512 Protection Visa lodgements were made in January 2025 alone. Many people apply for this visa because it is designed for individuals and their families who want to live a safe life in Australia and build a long-term future.

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If you are seeking asylum, you are not alone. However, understanding the eligibility criteria and navigating the application process is complex. It is best to seek the assistance of an experienced Australian migration professional from the outset. They will discuss your situation and guide you through the process one step at a time.
To gain further insights regarding the Protection Visa and how Australian migration agents can guide you through each stage of the application, keep reading.

Who Qualifies for a Protection Visa?

For anyone to qualify for a Protection Visa (Subclass 866), they must have come to Australia on a valid visa, be present in the country, and wish to seek asylum. They must also fall under the categories listed below. With this visa, you can permanently live, work and study in Australia. Additionally, you can sponsor eligible family members through the offshore Humanitarian Program.

People Eligible for Complementary Protection Under Australian Law

People who are not refugees may still face serious harm if they return home. They may be eligible for complementary protection under Australian law. Serious harm means that, if these people return to their home country, they could be exposed to the death penalty, torture, cruel or inhuman treatment, degrading punishment or arbitrary deprivation of life. Managing this aspect of the law is not straightforward. Therefore, you will need the help of an Australian migration agent to identify risks relevant to your situation and to look for the evidence needed to support your claim.

Refugees Under the 1951 Refugee Convention

The first criterion that makes you eligible is to be a refugee according to the 1951 Refugee Convention and its 1967 Protocol. It is important to note that a person can become a refugee after they arrive in Australia if circumstances in their home country change, or if their personal circumstances change, giving them a well-founded fear of persecution if they return.
The definition of a refugee is forward-looking, which is why consulting an Australian migration agent is extremely important to understand if you fall under this category.

Key Eligibility Factors

Fear of Persecution

Applicants must demonstrate that the harm they fear is linked to one of the five specific grounds recognized under the Refugee Convention. If you are outside your home country and cannot return due to a valid fear of persecution, it must relate to one of the following:

Race: Discrimination or violence due to ethnic background, skin color or cultural group.
Religion: Persecution for practicing your faith, converting, or holding beliefs that differ from the dominant religion.
Political Opinion: Risk due to expressing or being associated with certain political views, opposition movements or activism.
Membership of a Particular Social Group: Includes groups that share a common characteristic and face discrimination, such as LGBTIQ+ individuals, survivors of domestic violence or people with stigmatized occupations.
Nationality: Mistreatment or targeting based on national identity or minority status.

Migration agents can help you understand these risks and provide relevant supporting documents, such as human rights reports or expert medical opinions.

Risk of Significant Harm If Returned Home

If you do not meet the refugee definition, you may still be eligible if returning home would expose you to significant harm. It can be for any of the following reasons:

Risk of being killed unlawfully
Exposure to torture or degrading treatment
Harsh or life-threatening conditions in detention
Government-condoned abuse or neglect
Medical or psychological harm due to lack of support or treatment

Keep in mind that these considerations alone may not qualify someone for protection. Migration agents can guide you in deciding what information may be helpful to include and how to present it effectively.

Other Humanitarian Considerations

Not many people who apply for a Protection Visa know that, to strengthen their claim, they can highlight additional humanitarian factors, such as:

The emotional or psychological impact of removal
Cultural disconnection or lack of family support in your home country
Ongoing conflict or instability not directly tied to a specific persecution ground

Situations That May Affect Eligibility

Certain factors may affect a person's ability to receive a Protection Visa. It is important to understand these limitations and seek advice from a migration agent as to how to address them.

Criminal History

Serious criminal offences or behaviour that presents a threat to the Australian community may disqualify an applicant. This includes violent crime, repeat offences or convictions that raise national security concerns. Each case is assessed individually.

Prior Protection in Other Countries

If you have previously applied for or received protection in another country, or had the opportunity to do so but did not, this may affect your eligibility for the Protection Visa (Subclass 866).

Safe Third-Country Travel

If you travelled through or hold residency in a country that is considered safe and capable of offering protection, the Department may consider this when deciding your application. A migration agent can review your travel history and help assess any risks this may pose to your claim.