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866 - Protection visa

This permanent visa allows you to seek protection within Australia if you arrived legally in the country on a valid visa and you engage with protection obligations. You will be able to work, live and study within Australia indefinitely as a permanent resident. You will be able to include members of your family unit on your application, so long as they are eligible and applying from within Australia.

requirements

To be eligible for this visa, the applicant must:

● be applying for the purpose of protection

● have arrived legally in Australia on a valid visa and cleared immigration

● meet Australia’s protection obligations and either be a genuine refugee or meet the Complementary Protection criteria as defined by the Migration Act (see protection obligations below)

● meet health, character and security requirements

● not have previously held or currently hold a Subclass 786, 449, 790 or 785 visa

● meet visa requirements and not be prohibited from applying for a Protection Visa

protection obligations

To apply for this visa, you must engage Australia’s protection obligations as defined by the Migration Act 1958. To be assessed as having met legal criteria, you must either be a refugee or engage Australia’s complementary protection criteria as defined by the Act.

who is a refugee?

To be considered a refugee, you must not be able to return to your home country due to a well- founded and real fear of persecution involving serious harm. This fear must predominantly be the result of your: race, religion, nationality, political opinion or membership of a particular social group. If you do not meet legal criteria to be assessed as a genuine refugee, you may be eligible on the basis of complementary protection.

complementary protection

Complementary protection is for individuals who are not defined as being a refugee under the Act, however, do engage Australia’s other protection obligations as a result of the risk of significant harm to them if they return to their home country. The risk of significant harm may involve: torture; cruel, inhumane or degrading treatment; the death penalty; and arbitrary deprivation of life.

this visa allows you to:

● study, work and reside permanently in Australia

● access Medicare and government assistance

● sponsor eligible members of your family unit for permanent residence

● apply for Australian citizenship, if eligible

● travel as desired for 5 years

● attend free English language classes, if eligible

At Crystal Migration, we understand that applying for a Protection Visa may be a difficult task. If you require any assistance, we will expertly guide you through each step of the process and ensure that you have a hassle-free experience throughout. We aim to secure you the best possible outcome as per your individual circumstances. Please feel free to contact us obligation-free, to discuss your options moving forward.