Can You Leave Australia on a Protection Visa?

If you are living in Australia on a Protection Visa, you may be wondering whether you can travel overseas and if so, what risks are involved. The answer is not always straightforward. While it is possible in some circumstances to leave Australia on a Protection Visa, doing so can carry serious legal consequences, especially if you return to the country you originally sought protection from.

This guide explains how travel works for Protection Visa holders, what documents you need, and what risks you should carefully consider before booking any flights.

What Is a Protection Visa?

A Protection Visa (subclass 866) is granted to people in Australia who are found to be refugees or otherwise owed protection under Australia’s international obligations. Once granted, it allows the holder to:

• Live in Australia permanently 
• Work and study 
• Enrol in Medicare 
• Apply for Australian citizenship (if eligible) 
• Sponsor eligible family members 

Although it is a permanent visa, it comes with specific conditions relating to international travel.

Can You Travel Overseas on a Protection Visa?

Yes, but only if you have a valid travel facility.

Permanent visas in Australia include a “travel facility” that allows re-entry to Australia after travelling overseas. For Protection Visa holders, this travel facility usually lasts five years from the date the visa is granted.

If your travel facility is still valid, you can leave and return to Australia without applying for another visa.

However, if the five-year travel facility has expired and you leave Australia, you may not be able to return unless you successfully apply for a Resident Return Visa (RRV).

This is where things can become complicated.

Do You Need a Refugee Travel Document?

Protection Visa holders cannot use a passport from the country they fled without potentially affecting their visa status.

Instead, they must apply for a Refugee Travel Document (RTD) issued by the Australian Government. This document functions like a passport and allows you to travel internationally, except to your country of origin (in most cases).

Using your home country’s passport can be seen as evidence that you are re-accepting that country’s protection, which contradicts the basis on which your Protection Visa was granted.

Before making any travel plans, you should ensure:

1. Your travel facility is valid 
2. You have been granted a Refugee Travel Document 
3. You understand the risks of travelling to certain countries

Can You Travel Back to Your Home Country?

This is the most serious issue Protection Visa holders face.

If you return to the country from which you claimed protection, the Department of Home Affairs may decide that:

• You no longer need Australia’s protection 
• You have re-availed yourself of your home country’s protection 
• Your fear of persecution is no longer genuine 

If this happens, your Protection Visa may be cancelled.

Under Australian migration law, a refugee visa can be cancelled if the person voluntarily re-establishes themselves in their country of nationality or seeks protection from that country again.

Even short visits, for example, attending a funeral or seeing a sick relative, can trigger serious consequences.

In some cases, people have had their visas cancelled after travelling back home, even if the visit was brief.

What If You Travel to a Third Country?

Travelling to a country other than your country of origin is generally allowed, provided you:

• Hold a valid Refugee Travel Document 
• Have a valid travel facility 
• Do not seek protection from another country 

However, there are still risks to consider.

If you stay outside Australia for an extended period, particularly beyond the validity of your travel facility, you may face difficulties returning.

Additionally, if you apply for citizenship or permanent residency in another country, Australian authorities may question whether you still require Australia’s protection.

What Happens If Your Travel Facility Has Expired?

After five years, the travel facility attached to your permanent Protection Visa expires. Your permanent residency itself does not expire, but your ability to re-enter Australia does.

To travel after this point, you must apply for a Resident Return Visa (RRV).

When assessing an RRV application, the Department considers:

• Your ties to Australia 
• The length of time you have lived in Australia 
• Your employment history 
• Family connections 
• Whether you have compelling reasons for travel 

For Protection Visa holders, there may be additional scrutiny if you have travelled to your home country or obtained documents from that country.

If your RRV is refused while you are overseas, returning to Australia can become extremely difficult.

Could Your Protection Visa Be Cancelled?

Yes, in certain situations.

The Department of Home Affairs has the power to cancel a Protection Visa if:

• You no longer meet the definition of a refugee 
• You voluntarily return to live in your home country 
• You obtain a passport from your home country 
• You seek diplomatic protection from your home country 
• You commit serious criminal offences 

Visa cancellation can lead to detention and removal from Australia.

Because of these risks, it is essential to seek professional migration advice before travelling, particularly if your travel involves your country of origin.

What About Citizenship?

Many Protection Visa holders eventually apply for Australian citizenship. Once you become an Australian citizen, you are free to travel using an Australian passport.

Citizenship removes the risk of losing your visa due to travel, because you are no longer reliant on Australia’s protection as a non-citizen.

If you are eligible for citizenship, applying before travelling internationally may provide peace of mind.

Important Things to Check Before Travelling

If you are considering leaving Australia on a Protection Visa, review this checklist carefully:

• Is your five-year travel facility still valid? 
• Do you have a valid Refugee Travel Document? 
• Are you travelling anywhere near your country of origin? 
• Have you previously used your home country’s passport? 
• Will your time overseas affect your eligibility for citizenship? 
• Do you need migration advice before departure? 

Even a simple mistake, such as renewing your original passport, can have long-term immigration consequences.

Real Risks vs Common Myths

There are many rumours in communities about what Protection Visa holders can and cannot do. Let’s clarify a few common misconceptions:

Myth: You can travel anywhere once you get permanent residency.
Reality: Protection Visas have specific conditions related to international protection.

Myth: A short visit home is harmless.
Reality: Even a short voluntary return can trigger visa cancellation.

Myth: The government will not find out if you travel home.
Reality: Travel records are electronically recorded and routinely reviewed.

Understanding the difference between permanent residency and refugee protection status is crucial.

Final Thoughts

So, can you leave Australia on a Protection Visa?

Yes, but only under certain conditions, and sometimes with significant risk.

If you travel to a third country using a Refugee Travel Document and your travel facility is valid, you can generally return without issue. However, travelling back to the country you fled can lead to visa cancellation and loss of permanent residency.

Before making any international travel plans, it is strongly recommended that you speak to a registered migration agent or immigration lawyer who understands refugee law. A short consultation could prevent serious consequences.

Protection Visas are granted because Australia recognises that returning to your home country would put you at risk. Any action that appears to contradict that claim,  even unintentionally, can affect your future in Australia.

When in doubt, seek advice first. Your residency and your safety, may depend on it.