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Visas, Immigration and Refugees

Seeking Protection

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Overview

Australia’s Refugee and Humanitarian Program offers protection to asylum seekers who have entered Australia, either without a visa or as temporary entrants, 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.

Protection visa

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.

Applying for a Protection visa

If you wish to seek asylum in Australia, you are required to lodge a Form 866.
See: Form 866 – Application for a Protection (class XA) visa (1.0MB PDF file)

You can also obtain a paper copy of Form 866 from any departmental office, or for those in immigration detention, by asking a departmental officer.

Detailed information on Protection visas and the process of applying for a Protection visa can be found in the Seeking Protection in Australia information sheet.
See: Seeking protection in Australia (120KB PDF file)

The assessment process for Protection visas has been designed to avoid any need for an applicant to use professional advisers to assist them. The process is non-adversarial and decision-makers have an obligation to explore claims raised by applicants and to satisfy themselves as to whether the applicant is owed protection. However, if the applicant wants to use a migration agent, a list of registered migration agents is available from the Office of the Migration Agents Registration Authority (Office of the MARA) or a departmental office.

From December 2009, if you lodge your application in person or if you attend an interview, we may ask you to agree to an authorised departmental officer taking a digital photograph of your face, and scanning your fingerprints using a fingerprint scanner. These photographs and fingerprint scans are called ‘biometrics’ and will help the department to identify you better and assist in the assessment of your Protection visa application.
See: Biometrics information for Protection visa applicants – General information – English Version (498KB PDF file)

Translated versions of Biometrics information for Protection visa applicants are available to download from the list below:

More information on biometrics is available on Part A of the Form 866 – Application for a Protection (class XA) visa.

Detailed information on the use and disclosure of your personal identifying information including biometrics can be found in Form 993i and Form 1243i.
See:
Form 993i – Safeguarding your personal information ( 78KB PDF file)
Form 1243i – Your personal identifying information ( 64KB PDF file)

Australian values - Life in Australia

An Australian Values Statement requirement was introduced on 15 October 2007.

All applicants aged 18 years and over are required to sign an Australian Values Statement when applying for selected visas. The values statement requires applicants to confirm that they will respect the Australian way of life and obey the laws of Australia.

All applicants for a Protection visa are required to sign the Australian Values Statement in their application form.
See: Australian Values

For more information on Australian values.
See:
Life in Australia book
Australian Values Statement – Provisional and Permanent
Fact Sheet 7 – Life in Australia – Australian Values

Assessment of protection claims

Applications for Protection visas are assessed by departmental decision-makers trained in the law, policy and procedures concerning the Refugees Convention and Protection visas.

The decision-maker assesses the applicant's claims to Australia's protection against the Refugees Convention definition of a refugee, Australia's domestic laws, and all information about the conditions in the asylum seeker's country of citizenship or usual residence. Applicants are expected to put their claims in writing. All applicants are asked to attend an interview to discuss their claims and provide further information if required. Where needed, the department arranges qualified interpreters for any interviews.

Decisions are made on the individual circumstances of each applicant's claims. There is no blanket approval or refusal of applications based on broad assumptions, for example about the safety of particular countries.

Applicants who are refused a Protection visa will receive a written decision setting out the reasons for that decision. You have the right to seek a review of this decision by an independent tribunal, either the Refugee Review Tribunal (RRT) or the Administrative Appeals Tribunal (AAT). The department will provide you with information on how to apply for this review and the timeframe in which you need to apply.

Clients who have had a Protection visa refused or cancelled

Clients who have had a Protection visa refused or cancelled cannot apply for a Protection visa again while in Australia. However, in limited cases, the Minister for Immigration and Citizenship may allow a person to make another application for a Protection visa, if he considers it to be in the public interest to do so. This would generally only occur where new information or changed circumstances indicate that a person may now be owed Australia’s protection. In addition, if you are refused a Protection visa, you will not be able to apply for most other types of visas while still in Australia.

New permission to work arrangements from 1 July 2009

New permission to work arrangements for Protection visa applicants and all clients seeking ministerial intervention commenced on 1 July 2009. More information is available on these changes, including detailed information for holders of Bridging visas.
See: New permission to work arrangements

Minister’s intervention powers

The Minister for Immigration and Citizenship has a set of powers which allows him to grant a visa, if he thinks it is in the public interest, to certain people who have been found by a review tribunal not to satisfy the criteria for a visa. These powers are called the ‘public interest powers’ or more commonly, Ministerial intervention.
See: Ministerial Intervention

Relevant fact sheets

For more information about seeking asylum.
See:
Fact Sheet 61 – Seeking Asylum in Australia
Fact Sheet 62 – Assistance for Asylum Seekers in Australia
Fact Sheet 63 – Immigration Advice and Application Assistance Scheme
Fact Sheet 68 – Abolition of Temporary Protection visas (TPVs) and Temporary Humanitarian visa (THVs), and the Resolution of Status (subclass 851) visa
Fact Sheet 7 – Life in Australia – Australian Values

Relevant forms

  • Character and Penal Clearance Requirements
  • National Police Checks > Application forms
    Note: Applicants who are required to provide an Australian penal clearance certificate must complete the National Police Check application form which is available from the Australian Federal Police website.
  • Form 866 – Application for a Protection (class XA) visa (1.0MB PDF file)
  • Form 1071i – Health requirement for permanent entry to Australia ( 56KB PDF file)
  • Fees & Charges
  • Form 956 – Appointment of migration agent (149KB PDF file)
  • Form 993i – Safeguarding your personal information ( 78KB PDF file)
  • Form 929 – Change of address (123KB PDF file)
  • Form 1022 – Notification of changes in circumstances ( 97KB PDF file)
  • Form 1023 – Notification of incorrect answer(s) (100KB PDF file)
  • Form 1025i – Making and processing of visa applications (and includes details of departmental offices) ( 73KB PDF file)
  • Form 1243i – Your personal identifying information ( 64KB PDF file)
  • Client Service Charter – our undertaking to clients