Eligibility for a Protection Visa (Subclass 866)
To be eligible for a Protection Visa in Australia, you must meet specific legal requirements that show you are genuinely in need of protection.
Valid Visa: you must be in Australia and hold a valid visa when you apply. This could be a visitor visa, student visa, or any other valid entry visa. Your application must be made while you are physically in Australia.
Protection Obligations: You must also meet Australia’s protection obligations under international and domestic law. This means you need to show that you are a refugee under the Refugee Convention or that you face a real risk of serious harm if returned to your home country. Such harm may include threats based on your race, religion, nationality, political opinion, or membership of a particular social group.
Well-Founded Fear of Persecutions: the fear of persecution must be current and forward-looking. Even if you experienced harm in the past, the law focuses on whether you now face a real chance of being harmed if you go back. Changes in your home country or your own personal situation since arriving in Australia can also be considered.
Health and Character: you must meet health and character requirements set by the Department of Home Affairs. You should not be barred by any exclusions, such as involvement in serious criminal activities or previous visa violations.
Each case is different, and the assessment is complex. That is why it is important to have clear evidence to support your claims. At Easy Aussie Migration, we take the time to understand your circumstances and help you build a strong case based on your situation and the legal requirements.

Fear of Persecution
To be recognised as a refugee under Australian law, you must have a well-founded fear of persecution. This means:
- You fear being persecuted for at least one of the five reasons recognised in the law: your race, religion, nationality, political opinion, or membership of a particular social group
- There is a real chance you would face this persecution if you return to your home country
- This risk of persecution must exist in all parts of your home country, not just in one area.
- The main reason for the persecution must be one of the five listed above
- The persecution must involve serious harm and be carried out in a systematic and discriminatory way
This legal test ensures that protection is only granted to people who face real, ongoing risks and cannot find safety anywhere in their country.
What are the 5 reasons?
To be granted a Protection Visa, you must show that you are at risk of serious harm and Well-founded fear of persecution if you return to your home country. This includes persecution based on your:
- Race
- Religion
- Nationality
- Political opinion
- Membership of a particular social group
You may also qualify if you face torture, inhumane treatment, or other serious human rights violations.
Afraid to Return to Your Home Country?
If you are currently in Australia and believe your life or safety would be at serious risk if you return to your home country, you may be eligible for a Protection Visa. This visa allows you to remain in Australia permanently.
You can apply if you have a genuine fear of persecution or serious harm in your country of origin. If this applies to you, please complete the contact form to speak with one of our experienced protection visa professionals today. We’re here to listen and help.