Protection Visas
A protection visa is granted to a person found to engage Australia's protection obligations under the Refugees Convention or the complementary protection criteria in the Migration Act 1958. Protection matters are fact-sensitive, time-critical, and turn on the quality of evidence, strategy, and presentation.
Visa Plan Lawyers advises applicants on protection visa applications, merits review before the Administrative Review Tribunal, and related pathways. Every protection claim is built as a case on its own facts, not processed as a form.
The Onshore Protection Pathway
The Protection (subclass 866) visa is the primary onshore protection pathway. It is available to a person in Australia who holds a valid visa, or is an eligible unauthorised maritime arrival, and who meets the refugee or complementary protection criteria in the Migration Act 1958.
A grant of the subclass 866 visa confers permanent residence. The applicant, any members of the family unit included in the application, and dependent children born after grant are entitled to live, work, and study in Australia, with a pathway to citizenship.
Protection Pathways
The Australian protection framework covers several distinct pathways. The pathway that applies depends on where the applicant is, how they arrived in Australia, and the nature of the harm they face.
- Australia's Complementary Protection Protection for a person who faces a real risk of significant harm that falls outside the Refugees Convention definition, including torture, the death penalty, and cruel, inhuman, or degrading treatment.
- Temporary Protection Visa A temporary pathway for certain unauthorised maritime arrivals. Closed to new applications in February 2023. Holders have a pathway to permanent residence through the Resolution of Status visa.
- Safe Haven Enterprise Visa A regional-focused temporary protection pathway with defined work and study conditions. Closed to new applications in February 2023. Holders have a pathway to permanent residence through the Resolution of Status visa.
- Offshore Humanitarian Visa The offshore program for persons outside Australia who are subject to persecution or substantial discrimination, including the Refugee (subclass 200), Woman at Risk (subclass 204), and Global Special Humanitarian (subclass 202) visas.
- Country Information Report Country-specific pages signalling Visa Plan's experience acting for protection applicants from particular countries, and the authoritative sources considered in each matter.
Merits Review Before the Administrative Review Tribunal
A refused protection visa decision may be reviewed by the Administrative Review Tribunal through its Protection and Immigration Jurisdictional Area. Strict time limits apply. The Tribunal conducts a full merits review of the decision and may affirm, vary, set aside, or remit the decision for reconsideration.
Further review in the Federal Circuit and Family Court of Australia is available on questions of law. Protection matters require strategy set at the outset, not recovered on appeal.
Speak with Visa Plan Lawyers
Protection matters are time-critical. Decisions on strategy, evidence, and presentation taken early shape the outcome. Contact Visa Plan to discuss a protection visa application or merits review matter.
Request a Consultation