Onshore Protection Visa Subclass 866: Path to Asylum and PR

Australia provides hope for individuals facing significant risks in their home countries through the Onshore Protection Visa Subclass 866.

This visa allows people who are already in Australia on a substantive visa to apply for protection if they genuinely fear persecution in their home country. It could be due to race, religion, nationality, membership of a particular social group, or political opinion.

This short but comprehensive guide will detail all the essentials you must know in order to successfully lodge a protection visa 866 application onshore.

What is Onshore Protection Visa Subclass 866?

The protection visa Subclass 866 is particularly designed for individuals who are seeking asylum in Australia and are already within its borders.

Unlike offshore refugee visas, the 866 visa is applied for when the applicant is physically present in Australia.

Successful applicants are granted permanent residency, which allows them to live and work in Australia indefinitely, enrol in Medicare and Centrelink, and eventually apply for Australian citizenship once they become eligible.

Onshore Protection Visa Eligibility Requirements

To qualify for the Protection Visa 866, applicants must meet several criteria that demonstrate their need for protection, namely:

Well-founded Fear of Persecution: You must prove that you do have an authentic fear of persecution in your home country due to one of the specified reasons (race, faith, ethnicity, social group membership, or political biases).

Presence in Australia: You must be in Australia when you apply for the visa and when the decision is made. Notably, you must possess a valid visa.

Immigration Clearance: You must pass health, security, and character checks as part of the Australian Government’s measures to ensure public health safety and security. This means you must be of good health and do not pose a security risk to Australia.

No Previous Visa Refusals or Cancellations: Having a visa previously refused or cancelled might negatively affect your eligibility. Also, you must not have been barred from lodging a permanent protection visa, nor have held any of these protection visa subclasses:

• Subclass 785 (Temporary Protection Visa)

• Subclass 449 (Temporary Safe Haven Visa)

• Subclass 786 (Temporary (Humanitarian Concern) Visa) or

• Subclass 790 (Safe Haven Enterprise Visa)

How to Apply for Onshore Protection Visa 866

If you need a quick step-by-step guide for an 866 onshore protection visa application, here it is:

Prepare your application

Preparation is extremely important to ensure visa success. So make sure to gather all evidence that will especially support your claim of persecution, such as witness statements, relevant country information, alongside your identification documents like passport. The Department may also require you to submit biometrics.

Fill out the application form

Complete the necessary forms for a protection visa 866 onshore via your ImmiAccount, as application is easier and faster online than by post. Ensure all the information provided is accurate, true, and comprehensive.

Pay fees and lodge your application

You must pay the application fee (currently at AUD45) before being able to submit your application. You will also be prompted to either agree or disagree to receive communication via email for updates. The Department highly advises that you agree as communication by post is slower.

Attend an interview

You may be required to attend an interview where you will be asked detailed questions about your application and chiefly about whether or not you do need Australia’s protection to save you from unjust persecution if you are forced to return to your home country. It's vital to answer these questions honestly and as thoroughly as possible.

Wait for the visa result

The processing time can differ significantly based on individual circumstances and the overall complexity of your case. One of the things you can do to prevent delays is to ensure your application is complete and accurate. You might want to consult or hire an immigration specialist to help you increase your chances of approval.

Getting Help From a Protection Visa Lawyer

Given the complexities and high stakes involved in applying for a protection visa, as well as the low success rate and long processing times due to poorly prepared applications, consulting with a protection visa lawyer in Sydney proves to be critical to the success of your visa application.

An Australian visa lawyer with experience in immigration and refugee law can help you better understand the application process, ensure your application is as robust as possible, and represent you in dealings with the Department of Home Affairs as necessary.

I am Ray Gioiello a pro-level blogger with years of experience in writing for multiple industries. I have extensive knowledge of Food, Fitness, Healthcare, business, fashion, and more