Protection visa AUSTRALIA
A protection visa Australia (Sub Class 866) is a permanent visa that Australia issues to individuals because of the fear of persecution in their home country due to their Race, Religion, Nationality, Political Opinion or Membership in a particular social group.
To be eligible for this protection visa, applicants must already be in Australia legally (under another visa) at the time of application. If you have an 866 visa, you may be eligible to become an Australian citizen.
Who Can Apply for Protection Visa 866 Australia?
- You should have arrived in the country on a valid visa and should not be in the immigration clearance;
- You and the family members included in your application must fulfil the protection obligations of Australia.
- You should have arrived in Australia with a valid visa while applying for this visa onshore.
- Should meet the requirements such as health, character and security specifications.
Can you include family members in your application?
- Your Partner (Married or de facto);
- Children dependent on you or your partner;
- Other Eligible dependent relatives.
What are the requirements?
- Must have arrived in Australia on a valid visa
- Be in Australia at the time of application
- be a ‘well-founded fear of persecution’ and unable or unwilling to return to your home country or seek that country’s protection.
What is a “Well-Founded” fear of persecution?
- They fear persecution for at least one of five reasons specified in the Act;
- There is a real chance that, if the person returns to their home country, they will be persecuted for one or more of those reasons;
- the real chance of persecution relates to all areas of their home country
- at least one of the five reasons must be the essential and significant reason for the persecution;
- the persecution involves both ‘serious harm’ to the person and ‘systematic and discriminatory conduct’.
Protection visa Australia: Which are the five reasons?
- Membership of a particular social group (PSG – family and non-family)
- Political opinion.
What is classified as serious harm?
Serious harm includes, but is not limited to:
- a threat to the person’s life or liberty for protection visa 866.
- significant physical harassment of the person
- significant physical ill-treatment of the person
- significant economic hardship that threatens the person’s capacity to subsist (ability to survive)
- denial of essentials to basic services, where the denial threatens the person’s capacity to subsist (ability to survive)
- denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist (ability to survive).