Arrived lawfully – Permanent Protection Visa (Subclass 866)

This visa allows the applicant to live and work in Australia as a permanent resident. The Protection visa may be relevant if the applicant is currently in Australia, engages Australia’s protection obligations, and did not arrive in Australia as an illegal maritime arrival.

Grounds for protection

In order to be recognised as a refugee under Australian law, you must demonstrate that there is a real chance that you will be seriously harmed in your country of origin because of your:

  • Race
  • Religion
  • Nationality
  • Political opinion; and/or
  • Membership of a particular social group.

In order to be recognised, as a person owed complementary protection by Australia, you must prove that as a necessary and foreseeable consequence of your removal to your country of origin, you would face a real risk of one or more of the following forms of significant harm:

  • Arbitrary deprivation of life
  • The death penalty
  • Torture
  • Cruel or inhuman treatment or punishment; and/or
  • Degrading treatment or punishment.

Arrived unlawfully – Temporary Protection Visa (Subclass 785)

If you are seeking protection in Australia and did not arrive lawfully, you can only apply for a temporary protection visa.