Who from Malaysia may apply for a Protection (subclass 866) visa?

A national of Malaysia who is in Australia may apply for a Protection (subclass 866) visa. The applicant must be found to be a refugee within the meaning of the Migration Act 1958, or to face a real risk of significant harm on return, and must meet health, character and security requirements.

What country information is used in a protection claim from Malaysia?

Decision-makers consider the DFAT Country Information Report for Malaysia (updated 24 June 2024), which Ministerial Direction 113 requires them to take into account, together with UNHCR and other credible reporting. Smartraveller advice for Malaysia is also part of the public record of official Australian assessment.

Protection Visa Applications from Malaysia

Visa Plan Lawyers advises applicants from Malaysia on Australian protection visa applications and related merits review matters. Protection claims from Malaysia raise issues including religious minority status, political affiliation, and membership of particular social groups. The Department of Home Affairs and the Administrative Review Tribunal assess each claim against country information current at the time the decision is made, so timing matters.

Visa Plan prepares each application as a body of evidence organised around the statutory criteria, not as a form completed and lodged.

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Protection Matters Involving Malaysia

The firm acts for applicants from Malaysia at both stages: the primary application to the Department of Home Affairs and, where a refusal follows, review before the Administrative Review Tribunal. Refugee and complementary protection claims are framed separately.

A well-founded fear of persecution must, according to the Department of Home Affairs, relate to one of five reasons (race, religion, nationality, membership of a particular social group, or political opinion) and involve both serious harm and systematic and discriminatory conduct. Source: Home Affairs, Australia's protection obligations. See sections 5H, 5J and 36 of the Migration Act 1958 for the statutory text.

Official Reporting on Malaysia

DFAT's Country Information Report for Malaysia is listed as updated 24 June 2024 (PDF). Under Ministerial Direction 113 of 17 March 2026, made under the Migration Act 1958, a decision-maker must take into account relevant country information made available by DFAT, and is not prevented from considering other relevant information about the country.

The current Smartraveller advice for Malaysia is "Exercise normal safety precautions" (updated 4 August 2026; checked 25 September 2026). DFAT travel advice addresses risks to Australian travellers and is not a protection assessment, but it is an official and dated Australian statement about conditions that is often cited in protection matters.

This page does not set out an assessment of conditions in Malaysia; that analysis is prepared for each client against the facts of the matter.

Related Protection Pathways

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Early advice on which claims to advance and how to evidence them shapes the outcome. Contact Visa Plan about a protection matter connected to Malaysia.