Secure Your Safety, Honour Your Story
Protection visas are for people who may need Australia’s protection because they are refugees or face a real risk of significant harm if returned to their home country. Immilex helps clients understand the pathway, the evidentiary demands and the responsibilities that come with making a protection claim.
Understand Pathways for Protection Visas
Australia’s protection obligations may apply where a person is a refugee, faces a real risk of significant harm, or is a member of the same family unit as someone who meets that criteria.
A refugee is generally someone outside their home country who has a well-founded fear of persecution for a Convention reason such as race, religion, nationality, membership of a particular social group or political opinion. Complementary protection may apply where a person is not a refugee, but would still face a real risk of significant harm if returned.
Protection claims are serious and fact-specific. A person’s history, the conditions in the home country, the availability of protection elsewhere, and whether the risk is real and personal all matter. A violent or dangerous country, on its own, does not automatically establish eligibility.
Temporary Protection Pathway
These visas are typically for individuals who arrived in Australia without a valid visa (unauthorised arrivals) and have been assessed as engaging Australia's protection obligations.
Subclass 790 (SHEV)
A 5-year Safe Haven Enterprise visa for people who arrived without a valid visa and committed to work or study in regional Australia. It is closed to new applicants, and eligible holders can move to permanent residence through the Subclass 851.
Subclass 785 (TPV)
A temporary protection visa for people who arrived in Australia without a valid visa and were found to engage Australia's protection obligations. It is closed to new applicants, and eligible holders can move to permanent residence through the Subclass 851.
Permanent Protection Pathway
These visas are typically for individuals who arrived in Australia with a valid visa and have been assessed as engaging Australia's protection obligations.
Subclass 866 (Permanent Protection)
A permanent visa for individuals who arrived in Australia on a valid visa and are found to be in need of Australia's protection under the Refugee Convention or Complementary Protection criteria.
Maintaining Compliance
Protection visas carry strict conditions and responsibilities. Non-compliance can lead to visa cancellation and immediate risk of removal.
Frequently Asked Questions
A refugee claim is based on a well-founded fear of persecution for a Convention reason. Complementary protection applies where a person is not a refugee, but still faces a real risk of significant harm if returned.
No. Home Affairs says a violent or dangerous country, or past harm alone, does not automatically mean a person is eligible for a protection visa.
Generally not. A person is not eligible if they can legally enter and reside in another country where they would be safe.
Yes, but not to your home country. You must obtain written approval from the Department for travel on compassionate or compelling grounds if you hold a temporary protection visa.
Yes. Failed protection claims are recorded permanently and can negatively affect any future visa applications you or your family members make.