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Onshore Protection Visas

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Onshore Protection Visa
Onshore Protection Visa

Protection Visa (Subclass 866)

This visa is for you if you are in Australia and you engage Australia’s protection obligations, and you did not arrive in Australia as an illegal maritime arrival or unauthorised air arrival.

This visa is for you if you are inside Australia and you engage Australia’s protection obligations, and you did not arrive in Australia via unauthorised maritime arrival or unauthorised air arrival.

WHAT TYPE OF VISA

  • Protection Visa (Subclass 866)

ELIGIBILITY CRITERIA FOR THE ONSHORE PROTECTION VISA (SUBCLASS 866)

You might be eligible for this visa if you either (1) are a refugee as defined by the Refugees Convention, or (2) meet the Complementary Protection criteria in the Migration Act 1958.

This is a permanent visa, which allows you to live and work in Australia as a permanent resident and have access to Medicare and Centrelink services.​

According to the Refugees Convention, refugees are people who are outside their home country and cannot return because they have a well-founded fear of persecution due to their race, religion, political opinion,  nationality, membership of a particular social group.

People engage protection in Australia under complementary protection obligations if there is a real risk that if they return to their home country they will suffer any of the following types of significant harm: arbitrary deprivation of life,  the death penalty, torture, cruel or inhuman treatment or punishment, and/or degrading treatment or punishment.

You and any eligible family members included in the application must be in Australia when you apply for this visa.

This is a permanent visa, which allows you to live and work in Australia as a permanent resident and have access to Medicare and Centrelink services.

HOW WE CAN HELP WITH YOUR ONSHORE PROTECTION VISA (SUBCLASS 866)

One of the main issues that can arise with an Onshore Protection Visa application is difficulty of showing that you continue to hold a well-founded fear of persecution for reason of race, religion, nationality, imputed political opinion or membership of a particular social group. Additionally, there are stringent identity and character requirements which can complicate your application process.

The agents at Summit Migration are experts in this area, specialising in drafting legal arguments that use country information, expert opinion and case law to give your application the best chance of success.

  • We specialise in refugee matters and have in-depth knowledge of the Australian protection visa regime.
  • Years of experience preparing legal submissions supporting Refugee and Protection Visa Applications
  • We have dealt with complex Refugee claims from over twenty countries.
  • We take each case personally as we know how critically important these applications and appeals are to your future
  • Your protection visa application is the most important legal process you may ever be involved with. If you choose the right representative, you can give your claims the best chance of success.

Our Immigration Lawyers can advise you on which Protection Visa Pathway is best for you, and with demonstrating to the Department of Home Affairs that you meet the convention definition of a refugee. Please contact us today for further information and advice.


This page provides a summary of the Onshore Protection regime as at May 2019. Australian immigration law is complex and it changes on a regular basis. We strongly recommend that you contact us to confirm the requirements for a Protection Visa and consult with one of our solicitors and Registered Migration Agents.

If you have have a visa refusal, then the solicitors at Summit Migration may be able to assist. Find out more about appeals for visa refusals here.  Alternatively, you may be eligible for Ministerial Intervention.

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