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By Jessica Thakur, November 26, 2025
The Australian Government offers the Protection Visa (Subclass 866) to genuine asylum seekers who face significant risks of harm or persecution in their home countries. If you or someone you know is considering applying, here’s a comprehensive guide to help you navigate the process and understand its key aspects.
Who is Eligible for a Protection Visa?
This visa is designed for individuals or their family members who are in Australia and at risk of harm or persecution based on:
Race
Religion
Nationality
Membership of a particular social group
Political opinion
To qualify, applicants must demonstrate a real risk of harm or persecution if they return to their home country.
Free Legal Advice: A Crucial Resource
The Australian Government now offers free legal advice to those considering applying for a Protection Visa. This ensures applicants receive accurate information and avoid falling victim to unregistered migration advisers who may provide false guidance or charge excessive fees.
Accessing this service early can clarify eligibility and ensure the application process is conducted legally and correctly.
Common Pitfalls and Risks
Misinformation:
Protection Visas are exclusively for asylum seekers and are not a pathway for individuals who simply want to work or extend their stay in Australia.
Communities play a critical role in dispelling myths and ensuring accurate information reaches potential applicants.
False Information:
Providing false or misleading details in an application can lead to severe consequences, including fines or up to 10 years in jail.
Unregistered Migration Advisers:
Only seek advice from registered migration agents or Australian legal practitioners. Unregistered agents may encourage false claims, jeopardizing your visa application and future immigration opportunities.
Consequences of a Refused Application
If a Protection Visa application is refused, it can have long-term repercussions:
Applicants may find it harder to return to Australia in the future.
Most other visa applications cannot be made while in Australia after a refusal.
Immigration records with refusal notes could affect visa applications to other countries.
Faster Decisions for Genuine Claims
The processing time for new applications has improved significantly, with decisions being made nearly eight times faster than in recent years. This efficiency aims to support genuine asylum seekers while maintaining the integrity of the visa system.
How to Protect Yourself and Your Community
Seek free legal advice from a specialist refugee or immigration legal provider in your state or territory.
Verify migration agents’ registration through the Office of the Migration Agents Registration Authority (OMARA).
Report unregistered migration advisers or suspicious activities to Australia’s Border Watch anonymously.
If asked to provide a support letter for someone, ensure the individual faces genuine risks of harm or persecution before doing so.
Additional Resources
Visa Finder: Explore alternative visa options on the Home Affairs website.
OMARA Register: Confirm a migration agent’s credentials at OMARA.
More Information: Visit the Home Affairs Protection Visa page.
The Subclass 866 Protection Visa is a lifeline for those fleeing persecution, but applicants must approach the process with honesty, diligence, and the right guidance. By accessing free legal advice and avoiding misinformation, you can safeguard your chances of a successful application and contribute positively to your community.
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