Humanitarian (Refugee) Migration


Protection visa, subclass 866

Protection visa, subclass 866

Australia has a Refugee and Humanitarian Program which offers protection to asylum seekers who are located in Australia and arrived lawfully and who are found to be owed Australia’s protection under the United Nations 1951 Convention and 1967 Protocol relating to the Status of Refugees (the Refugees Convention) and relevant Australian laws.
Asylum seekers who are found to be owed Australia’s protection under the Refugees Convention, and who satisfy health, character and security requirements, are granted a permanent Protection visa.

  • Currently in Australia and arrived while holding a valid Australian visa
  • Claims Australia’s protection as a refugee or under Australia’s complementary protection scheme

To be recognised as a refugee an applicant must demonstrate that he is unable to return to his home country as there is a real chance he will be persecuted because of the following:

  • Race
  • Religion
  • Nationality
  • Political opinion; and/or
  • Membership of a particular social group.

Protection can also be provided to people who cannot be returned to their home country because they engage Australia’s complementary protection obligations.

To be recognised as a person owed complementary protection by Australia an applicant must prove there is a real risk that if he returns to his home country he will suffer any of the following types of significant harm:

  • Arbitrary deprivation of life
  • The death penalty
  • Torture
  • Cruel or inhuman treatment or punishment
  • Degrading treatment or punishment
  • Pass the relevant identity, health and character checks