Protection (Class XA) (subclass 866) Visa

About This Visa

The onshore Refugee and Humanitarian program provides options for people who are in Australia and who wish to apply for protection or asylum.

The subclass 866 visa holders can live and work in Australia as a permanent resident, access Medicare and Centrelink services and receive a range of services to assist them in settling into life in Australia.

Applicants must:

  • Be either a Refugee for the purposes of the Refugees Convention or meet the complementary protection criteria;
  • Be currently in Australia;
  • Pass character and security checks;
  • Undergo the required health examinations; and
  • Sign the Australian Values Statement.

Who is owed protection?

Those owed protections are people who are unable or unwilling to return to their country because they have a well-founded fear of persecution based on their:

  • Race, religion, political opinion, nationality, or membership of a particular social group.

Those owed complementary protections are people who risk suffering “significant harm” if they return to their home country. “Significant harm” could be:

  • Arbitrary deprivation of life, the death penalty, torture, cruel or inhuman treatment or punishment, degrading treatment or punishment.

How can CTG  Lawyers help you?

Protection Visa can be refused for several reasons. The Protection Visa has strict criteria which all must be met and with only very limited waiver provisions.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. CTG Lawyers has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.


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