Frequently Asked Questions

Onshore Protection visas

If you are already in Australia and fear persecution or significant harm in your home country, you may be eligible for one of the following visas:

Protection Visa (Subclass 866)

  • Type: Permanent visa
  • Eligibility: You must be in Australia, have arrived legally, and engage Australia’s protection obligation
  • Benefits: Live and work in Australia permanently, access Medicare and Centrelink, and sponsor eligible family members

Temporary Protection Visa (Subclass 785)

  • Type: Temporary visa (3 years)
  • Eligibility: For people who arrived without a valid visa and are found to engage Australia’s protection obligations
  • Benefits: Live and work in Australia temporarily, access Medicare and limited social services

Safe Haven Enterprise Visa (Subclass 790)

  • Type: Temporary visa (5 years)
  • Eligibility: For people who arrived without a valid visa and seek asylum
  • Benefits: Similar to TPV, but offers a pathway to other visas if you work or study in regional Australia for 3.5 years

If you are outside Australia, you may be eligible for one of the following visas under the Offshore Humanitarian Program:

Refugee Visa (Subclass 200)

  • For people referred by the UNHCR for resettlement in Australia

In-Country Special Humanitarian Visa (Subclass 201)

  • For people still in their home country who cannot leave and face persecution

Global Special Humanitarian Visa (Subclass 202)

  • For people outside their home country who face substantial discrimination or human rights violations

Emergency Rescue Visa (Subclass 203)

  • For people in immediate danger, referred by the UNHCR for urgent resettlement

Woman at Risk Visa (Subclass 204)

  • For women without the protection of a partner or male relative and at risk of victimisation
  • Onshore applicants: Apply online through ImmiAccount for a Protection Visa (Subclass 866) or temporary protection options
  • Offshore applicants: Applications for most humanitarian visas, including Subclass 202, are now online via ImmiAccount
  • Seek advice: These visas are complex and require strong evidence. We recommend consulting an immigration lawyer before applying
  • Most onshore visa refusals can be appealed to the Administrative Review Tribunal (ART), which replaced the AAT in 2024
  • Important: Some offshore humanitarian visas, such as Subclass 200, cannot be appealed. In such cases, you may need to reapply
  • Always check your refusal notice for:
    • Whether you have appeal rights
    • The deadline for lodging an appeal
    • The correct appeal body

If unsure, seek legal advice immediately.

If you are grappling with a visa refusal and seeking to appeal a decision, book a free 10 minute consultation with our immigration lawyers to discuss your options.

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