To qualify for and get a Protection visa (subclass 866), you need to have:
- Already legally arrived in Australia.
- Applied for protection under Australia’s protection obligations.
- Met the character, health and security requirements.
- Met the criteria of being a refugee under the Migration Act 1958 (the Act) or complementary criteria.
- Not previously been told you cannot lodge a Protection visa application.
- Satisfied the Minister that granting a visa is in the national interest.
Protection visa qualifying requirements explained
To establish that you are of good character you will be required to meet certain requirements. You will need to provide a police clearance for every country you have lived in for over 12 months for the past 10 years. This requirement only applies to the last 10 years after you turned 16 years of age.
It is important to make sure you don’t prearrange your clearances because any delay in processing your visa could mean you need new clearances to cover the time between the police clearance and visa processing. Make sure you only apply only when told to do so.
When you apply for a protection visa you will be required to undergo a medical assessment. The reason for this is to protect the health of the Australian community and also to protect your health. Details of health assessments will be provided upon visa application.
You will be required to provide evidence of your identity. This information will be used to complete character and security checks.
In the application you can include your partner, you and your partner’s dependent children and any other eligible dependent family. Only family who are in Australia and those with an immigration status which allows them to apply can be included on the application.
Under the Refugee Conventions, Australia is obliged to provide protection to refugees and make sure they are not returned to a place where they will face persecution. Types of persecution people are protected from are:
- Political opinion, and
- Membership of a particular social group.
It is very important that all information and statements provided are true. Providing false or misleading information could result in your application being rejected.
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