Onshore Protection - Subclass 866

Protection Visa 866: permanent protection for people already in Australia.

The subclass 866 Protection Visa is a permanent visa for people who are in Australia and engage Australia's protection obligations - either as a refugee under the 1951 Refugee Convention, or under complementary protection grounds. You must have arrived lawfully. It is one of the most significant immigration decisions the Department makes.

Permanent from grantMust be in AustraliaLawful arrival requiredRefugee or complementary protection

Speak Confidentially With an Agent Understand My Options

Who the 866 Is For

Permanent protection for lawful entrants who need it.

The subclass 866 Protection Visa provides permanent residence to people who are in Australia, arrived lawfully, and meet either the refugee definition under the 1951 Refugee Convention or the complementary protection criteria under Australian law.

You meet the refugee definition if you have a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion, and your home country cannot or will not protect you. You meet complementary protection criteria if, without satisfying the refugee definition, you still face a real risk of significant harm - such as torture, cruel treatment, or arbitrary deprivation of life - if returned to your home country.

Lawful arrival is required. The 866 is only available to people who arrived in Australia lawfully - that is, on a valid visa, cleared through immigration, and not classified as an unauthorised maritime arrival (UMA). People who arrived without authorisation are generally limited to the TPV (785) or SHEV (790), though many are now eligible for the 851 Resolution of Status visa. If you are unsure about your arrival status, speak to us first before lodging anything.

Eligibility Requirements

What you need to qualify for the 866.

In Australia at time of applicationYou must be physically in Australia when you lodge the application. The 866 cannot be applied for from outside the country.

Lawful arrivalYou must have entered Australia on a valid visa and been immigration-cleared on your last arrival. Unauthorised maritime arrivals cannot apply for the 866.

Refugee definition or complementary protectionYou must either: (a) have a well-founded fear of persecution based on a Convention ground and face harm that your country cannot or will not protect you from; or (b) face a real risk of significant harm - torture, cruel or degrading treatment, or arbitrary deprivation of life - if returned.

No meaningful domestic protectionProtection in your home country must be genuinely unavailable. Internal relocation must not be a viable and safe option.

Health and characterAll applicants must satisfy health requirements and pass character checks. Character issues do not automatically disqualify you, but serious matters are carefully assessed.

Security assessmentAll protection visa applicants undergo national security screening. ASIO may assess your case.

The Assessment Process

How the Department decides.

Protection visa claims are individually assessed by a Department officer. The officer considers your claims, the supporting evidence, country information, and the credibility of your account. This is a serious and detailed process - the quality and credibility of your evidence is central to the outcome.

If refused at the primary stage, there is a merits review pathway through the Administrative Review Tribunal (ART). If refused there, judicial review in the Federal Circuit and Family Court of Australia may be possible if there was a legal error in the decision. We advise on each stage and can represent you in ART proceedings.

Processing times vary significantly. The Department has had substantial backlogs - at recent counts, over 30,000 applications pending. Processing new applications is occurring, though the queue is long and cases with higher risk indicators may receive priority.

Processing timeline and backlog reality

There is no fixed processing time for the 866, and these figures are general guidance only - they are not a promise about your case. Depending on your circumstances, the completeness of your claims, and how quickly your security and identity checks clear, an application may take anywhere from around 12 months to several years to be decided.

Stage	Indicative time (Tier-2, conditional)	What drives it
Primary decision (Department)	Around 12 months to several years	Backlog, ASIO security clearance, completeness of your claims
Merits review at the ART (if refused)	Generally several months, and it can be longer	Tribunal caseload and the complexity of your evidence
Judicial review at the FCFCOA (if a legal error)	Typically many months, and it can run beyond a year	Whether a legal error is arguable; court listing times

What this means for you. Long waits are common, so it helps to plan for an extended process. A complete, well-evidenced application lodged once - rather than a rushed claim that has to be corrected later - tends to move through the system with fewer delays. We cannot influence the Department's queue, but we can help make sure your claims are properly prepared and supported. Free community legal centres can also assist some applicants who cannot meet professional fees.

Common Questions

Protection visa questions answered.

Can I work while my 866 application is being processed?

You will typically be granted a Bridging Visa A (BVA) when you lodge a valid protection visa application. The BVA allows you to remain in Australia lawfully while the application is processed. Whether you can work on the BVA depends on the conditions attached - we check this as part of any application we assist with.

What is complementary protection?

Complementary protection covers people who do not meet the strict refugee definition (which requires a Convention ground) but still face a real risk of significant harm on return - specifically, torture, cruel or inhumane treatment, or arbitrary deprivation of life. You do not need to prove a Convention ground for complementary protection.

My visa ran out and I am now unlawful. Can I still apply?

If you have become unlawful in Australia after your visa expired, the situation is more complex. You may be able to apply for a BVE (Bridging Visa E) to regularise your status before lodging a protection claim. Time matters - speak to us as soon as possible about your current status.

What happens after my 866 is granted?

You receive permanent residence from the date of grant, the right to live and work in Australia indefinitely, access to Medicare and most social services, a five-year travel document, and a pathway to citizenship after four years of lawful residence (including at least 12 months as a permanent resident).

How long does a Subclass 866 Protection visa application typically take to be decided?

There is no guaranteed timeframe, and these figures are general guidance rather than a promise about your case. Depending on your circumstances, an 866 application may take anywhere from around 12 months to several years to be decided. The Department has carried a large backlog (over 30,000 applications pending at recent counts), and timing is also driven by your ASIO security clearance and how complete and well-evidenced your claims are. Cases with higher risk indicators may be prioritised. It is sensible to plan for an extended process.

If my Protection Visa application is refused at the primary stage, what are my appeal options?

If the Department refuses your application, you can usually seek merits review at the Administrative Review Tribunal (ART), which replaced the AAT and IAA on 14 October 2024. The ART can look at your case afresh and substitute a new decision. Strict time limits apply - check the deadline on your decision letter, because the date on it is what counts. If the ART also refuses and there was a legal error in the decision, judicial review in the Federal Circuit and Family Court of Australia may be possible, though that is about legal error rather than re-arguing the facts. We can advise on each stage and represent you in ART proceedings.

Can I include my spouse and children in my Subclass 866 Protection visa application?

Immediate family members who are in Australia - generally your spouse or de facto partner and your dependent children - can usually be included as members of the same family unit on the one application. Whether a particular relative qualifies depends on their relationship to you, their dependency, and their circumstances. Family members who are outside Australia cannot be added to an onshore 866, but separate family reunion pathways may be available later. We can check who can be included and explain the reunification options that might apply to your situation.

Is there an age limit or character requirement for the 866?

There is no maximum age limit for the 866. All applicants do, however, need to satisfy health and character requirements. Character is assessed individually and is not an automatic bar - a past conviction does not necessarily end an application, but serious matters are weighed carefully, and protection considerations are part of that balance. If you have any character history you are concerned about, it is wise to raise it with us early so it can be addressed properly rather than discovered later.

Related Help

Where to from here.

Unlawful arrivalsTPV & SHEV (785/790)If you didn't enter lawfully, the 785 or 790 - or now the 851 - may apply. Permanent pathwayResolution of Status 851If you hold a TPV or SHEV and arrived before Feb 2023, the 851 is your path. Refused at ARTJudicial ReviewIf the Tribunal made a legal error, courts can review the decision.

Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)

Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.

Need protection advice?

Protection visa claims are among the most consequential immigration decisions. We work through complex protection situations carefully and will give you an honest assessment of your prospects.