The government is making big changes to stop people exploiting Australia’s Protection visa system, while ensuring those who genuinely need asylum are quickly granted protection.

 

Do not apply for a Protection visa if you do not genuinely need asylum in Australia. We quickly refuse applicants who do not meet Protection visa criteria.

 

Faster visa processing

Protection visa (subclass 866) lodgements are being processed faster, both at the application and review stages:

• Most new Permanent Protection visa applications are processed in an average of 145 days (10 times faster than in recent years as at April 2024).
• Administrative Appeals Tribunal processes are also much faster. Quicker appeals processes mean final review decisions are made sooner.

 

Free legal help

If you are thinking about applying for a Protection visa (subclass 866), we strongly encourage you to get free legal advice from:

• specialist legal providers (details coming soon)
• legal aid
• a community legal centre in your state or territory.

 

This advice can help you:

• find out if you are eligible for a Protection visa
• understand the application process.

 

Protection is for genuine asylum seekers

Protection visas are not for people who just want to work in Australia. Do not apply for a Protection visa to try and stay longer in Australia just so you can work.

 

Protection visas are for asylum seekers (or their family members) who face a real risk of significant harm if they return home or who genuinely fear persecution on the grounds of:

• race
• religion
• nationality
• membership of particular social group or
• political opinion.

 

When you apply for a Protection visa you are seeking asylum in Australia from your home country.

As an asylum seeker, you are declaring that:

• you or your family cannot go home without facing a real risk of significant harm or persecution
• your country is unsafe and dangerous to return to, or
• you are a family member of someone who has made such claims.

 

If you can legally enter and safely live in another country (apart from your home country), you will not get a Protection visa.

You should only apply for a Protection visa if you genuinely need asylum in Australia.

 

Travel restrictions

If you are granted a Protection visa, you cannot travel to the country you are seeking asylum from without our permission, even if your family lives there.

 

Your responsibilities

You should not let anyone apply for a Protection visa for you without understanding

• what you are applying for
• what information is being provided in the application.

You must make sure everything in your application is true, even if someone else completes and submits it for you.

Giving false or misleading information is a serious offence in Australia. If you give false documents or give false or misleading information in a visa application, you could face:

• a large fine
• up to 10 years’ jail or both.

We can also cancel your Protection visa if you have given false or misleading information.

Be careful of illegal operators

Beware of people pretending to be registered migration agents. These illegal operators often advertise their services on social media and in online chat groups. They sometimes tell applicants to give misleading information when applying for a Protection visa, and some charge a lot of money for this advice.

If someone tries to illegally give you immigration advice, you can tell us by using the Border Watch Online Report. You do not have to give your name.

Be careful when people tell you to apply for a Protection visa as a way to stay and work longer in Australia. This could be advice from family members, friends, employers or others in your community. Protection visas are only for genuine asylum seekers who need Australia’s protection. Think about the penalties if you give us an application with false or misleading claims.

To learn more about who is allowed to help you with visa advice in Australia, read who can help you with your application.

Agents must be registered

In Australia, migration agents must be registered with the Office of the Migration Agents Registration Authority (OMARA). You can check if an agent is registered.

We are targeting unlawful providers of immigration assistance. Providers who give false or misleading information about a visa can face serious penalties, including large fines and up to 20 years’ jail.

If you are refused a Protection visa

If you are refused a Protection visa and do not engage Australia’s protection obligations:

• you should organise to leave Australia before your current temporary visa expires
• you cannot apply for most other visas while still in Australia
• you and your family members may find it harder to return to Australia.

If you stay in Australia after your current visa has expired you:

• are considered an unlawful non-citizen
• will be detained in immigration detention.

A refused Protection visa application in Australia may also impact:

• future visa applications to other countries, depending on the type of visa you apply for
• other visa applications in Australia, including visitor, student or temporary work visas.

If you stay in Australia without a valid visa

The Australian Government will detain and remove refused Protection visa applicants who no longer have a right to stay in Australia. These enforcement activities help maintain the integrity of Australia’s immigration system.

If you are removed from Australia after your visa expires, you may:

• have to pay back the costs of your removal
• be banned from returning to Australia for up to 3 years.

Other visa options

There may be other visas more suited to your circumstances.

More information on finding the right visa is available at explore visa options.