Form 866: Protection Visa Application (Onshore)

What Form 866 is

Form 866 is the application for Australia's onshore Protection visa (subclass 866) — lodged online through ImmiAccount by people who are already in Australia and believe Australia owes them protection obligations. It's assessed against two possible bases: refugee status under the Refugees Convention, or complementary protection, which covers people who don't meet the refugee definition but face a real risk of significant harm if returned to their home country.

This is an onshore pathway only. Someone outside Australia seeking humanitarian resettlement uses a different visa — the offshore Refugee and Humanitarian program (Form 842), covered in our separate guide.

Who may apply

Broadly, a person already in Australia who was immigration cleared on arrival can apply for a Protection visa if they believe they engage Australia's protection obligations. Beyond that general description, individual eligibility is genuinely case-specific and depends on personal circumstances that only a qualified adviser working directly with the person can properly assess — this page won't attempt to summarise eligibility criteria beyond that, because doing so risks oversimplifying a legal test with serious consequences attached to getting it wrong.

The bar on repeat applications — read this before you apply

Section 48A of the Migration Act 1958 generally prevents a person in Australia whose protection visa application has already been refused or cancelled from making a further protection visa application while they remain in the migration zone. This is a serious, largely automatic bar with limited exceptions (including some circumstances involving minors or a person with a mental impairment where a previous application was made on their behalf).

Because of this bar, getting advice before lodging — not after a refusal — matters enormously. A rushed or incomplete first application can effectively close off the ability to apply again. This is precisely why free legal help exists specifically for this visa, and why using it early is worth far more than trying to navigate the form alone.

The current review process

If a protection visa application is refused, review rights generally exist through the Administrative Review Tribunal (ART). The ART replaced the former Administrative Appeals Tribunal (AAT) on 14 October 2024, and as part of that reform the previous "fast track" process and the Immigration Assessment Authority (IAA) — which had handled limited-scope reviews for some protection visa refusals — were abolished. Cases still active with the IAA when the change took effect were transferred to the Tribunal for continuation.

Review applications are subject to strict, generally short deadlines — this is not a process where you can take your time to decide whether to act. If you've received a refusal, contact Legal Aid, RACS, IARC or another specialist service immediately to confirm your specific deadline and options; don't rely on a general timeframe from this page or any other secondary source, since exact deadlines depend on how and when the refusal was notified to you.

Work rights on associated bridging visas

People with a pending protection visa application, or a pending review, are commonly on a bridging visa (frequently a Bridging Visa E, subclass 050/051) while their matter is resolved. Whether that bridging visa carries work rights depends on the specific conditions attached to your grant — check your actual grant notice or VEVO record rather than assuming either way, since settings in this area have changed over time and vary by individual case. See our bridging visa work rights guide for how that assessment generally works.

Get free help — before this page, before anything else

This is worth repeating plainly: specialist free legal help exists for protection visa applications, and using it is the responsible first step, not a fallback. In New South Wales, the Refugee Advice & Casework Service (RACS) and the Immigration Advice and Rights Centre (IARC) both provide free, specialist assistance with protection visa applications and reviews. Legal Aid offices exist in every state and territory and can advise on or refer protection matters. UNHCR Australia (help.unhcr.org) maintains a directory of free legal help services more broadly.

Migratio's own MARA agent-matching service exists for a broad range of visa categories, but for protection visa applications specifically, check what free specialist help is available in your state before considering any paid service — many people navigating this pathway are eligible for no-cost assistance, and a rushed decision to pay for help you didn't need to pay for is its own kind of harm given the stakes involved.

Migration fraud targeting this cohort — a serious warning

People applying for protection are a known and repeated target for migration fraud: unregistered "agents" charging for services that are actually free, individuals promising to guarantee a visa grant (nobody can genuinely guarantee an outcome), advisers discouraging contact with free legal centres, or people pressuring applicants into signing documents they don't fully understand under time pressure.

Anyone in Australia providing immigration assistance for a fee is legally required to be registered with the Migration Agents Registration Authority (MARA), unless a specific exemption applies (lawyers registered to practise are a recognised exception, but should still be verifiable through their own professional body). You can check MARA registration for free using our agent lookup tool. If you're ever unsure whether someone helping you is legitimate, contact Legal Aid or a community legal centre and ask — that call costs nothing and could save you from a serious mistake.

What is Form 866?

The online application for Australia's onshore Protection visa (subclass 866), for people already in Australia who believe they engage Australia's protection obligations, either as a refugee or under complementary protection.

Can I apply for a protection visa again after being refused?

Generally no. Section 48A of the Migration Act bars a further protection visa application from a person in the migration zone whose earlier application was refused or cancelled, with limited exceptions. This is exactly why getting advice before you first apply matters so much.

What happens if my protection visa is refused?

Review rights generally exist through the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024 and abolished the former fast-track process. Deadlines to apply for review are strict and short — contact a specialist free legal service immediately if you're refused.

Where can I get free help with a protection visa application?

Legal Aid in your state or territory, the Refugee Advice & Casework Service (RACS), the Immigration Advice and Rights Centre (IARC), and UNHCR Australia's free legal help directory (help.unhcr.org) are all genuine free options. Contact one before paying anyone for help.

Can I work while my protection visa application is being decided?

It depends on the specific conditions attached to your bridging visa grant, which have changed over time — check your actual grant notice or VEVO record rather than assuming. See our bridging visa work rights guide.

How do I know if someone offering to help with my protection visa is legitimate?

Anyone charging a fee for immigration assistance in Australia must be MARA-registered (with narrow exceptions like practising lawyers). Check for free using our MARA agent lookup, and if in doubt, call Legal Aid or a community legal centre and ask before paying anyone.