Onshore Protection
Visa (Subclass 866)

Q: What are the Non-refoulement obligations for Australia?

A non- refoulement obligation is an obligation not to forcibly return, deport or expel a person to a place where there are substantial grounds for believing that the person will be at a real risk of a specific type of harm. Australia has non- refoulement obligations under international treaties to which it is a party, including: the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol (non- refoulement obligation expressed in Article 33(1) of the Refugee Convention) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (non- refoulement obligation expressed in Article 3) the International Covenant on Civil and Political Rights (ICCPR) (non- refoulement obligation implied in relation to Articles 6 and 7).

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subclass 866

The Onshore Protection Visa (Subclass 866) is a permanent visa. This visa is for people who arrived in Australia on a valid visa and want to seek asylum. It lets you stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa. To be eligible for this protection visa, applicants must already be in Australia legally (under another visa) at the time of application.

eligibility requirements

In order to be eligible for the Onshore Protection Visa (Subclass 866) visa, you must:

As defined by the Migration Act 1958 (Migration Act), in order to engage Australia’s protection obligations, you must:

be a refugee or
meet the complementary protection criteria
must not return people to their home country where there is a risk that the person may suffer harm because they engage Australia’s protection obligations.

be present in Australia when you apply for this visa
not be a national of 2 or more countries, or
have protection in a prescribed safe third country
not have been refused a protection visa since your last arrival to Australia
not have held any of these visas:

Temporary Protection visa (subclass 785)
Temporary Safe Haven visa (subclass 449)
Temporary (Humanitarian Concern) visa (subclass 786), or
Safe Haven Enterprise visa (subclass 790)

Application Process

In order to apply for the Onshore Protection Visa (Subclass 866), you will need to:

Fill a Protection Visa Application Form
Submit Identification Documents:

Birth Certificate
National Identification
A driver’s license
Certificate of change of name (if any)
Relationship Documents

Sign Australia’s Values Statement

You may be required to supply further supporting documents for assessment by the Department of Home Affairs (DHA).

benefits

visa benefits

you will be able to live, work and stay in Australia permanently

you can sponsor your family members for Permanent residence through the offshore Humanitarian program.

you can travel to and from Australia for 5 years except your home country.

attend free English language classes provided by the Adult Migrant English Program if you are eligible.

apply for Australian Citizenship

Frequently asked questions

Can Solve Migration help with Subclass 866 applications?

Yes! Solve Migration’s professional legal team can support you through the Subclass 866 application and approval process. Solve Migration has experience across all family visas including Protection and Refugee visas. Solve Migration’s experience on these matters travel beyond only lodgement with many successful appeals on complex matters before the Administrative Appeals Tribunal in matters concerning citizenship.

What is the cost to apply for this visa?

The standard cost for a primary applicant is $40.

What are the Non-refoulement obligations for Australia?

A non-refoulement obligation is an obligation not to forcibly return, deport or expel a person to a place where there are substantial grounds for believing that the person will be at a real risk of a specific type of harm. Australia has non-refoulement obligations under international treaties to which it is a party, including:

the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol (non-refoulement obligation expressed in Article 33(1) of the Refugee Convention)
the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (non-refoulement obligation expressed in Article 3)
the International Covenant on Civil and Political Rights (ICCPR) (non-refoulement obligation implied in relation to Articles 6 and 7).

Can I travel back to my home country after a Protection visa is granted?

A protection visa holder with Condition 8559 must apply to the DHA for permission to travel to their home country before they depart.

Will I get a Bridging visa if I apply for the Protection visa?

Yes, but only with a valid application. If the application is valid, you will be given a Bridging Visa to continue to stay in Australia until the result for your protection visa application is determined. This means if your student visa or tourist visa expires, you won’t need to be concerned, as the Bridging Visa will allow you to stay in Australia during the processing time.

How long can I stay in Australia with a Protection visa (subclass 866)?

A Protection visa (subclass 866) is a permanent visa. It is valid indefinitely from the date of your grant if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa. However, like any other permanent visa in Australia, it has a travel expiry after 5 years. You must ensure that you stay at least 2 years in Australia out of each 5 year period.

Can I get Centrelink with a Protection visa (subclass 886)?

es, if you have been granted a protection visa (subclass 866) you have access to Centrelink. Centrelink is the Australian Government’s agency that delivers a range of Commonwealth services to the community. Centrelink helps people become self-sufficient. Centrelink has a range of payment types that can assist individuals and families, including financial support when you have no job.

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At Solve Migration, we understand the importance of quality legal support in helping you navigate migration law and visa law concerns. Our team of qualified lawyers is proud to support clients across the country, working in line with the Immigration Act Australia.