Training manual · Australia · Residence & Other

Protection visa (subclass 866)

People in Australia who engage Australia's protection obligations (refugees and those owed complementary protection).

PermanentResidence & OtherOnshore

Overview Process flow Eligibility checklist Document checklist Cost checklist Qualification checklist Eligible cases Refusal cases Self-exam

1. Overview

Know these facts cold before the first client conversation - they are also what the exam below tests. Permanent residence for those found to engage protection obligations after lawful arrival.

Visa typePermanent

LodgementOnshore

StayPermanent

Work rightsUnlimited

Study rightsYes

Government charge~$45

Processing timeVaries - often long

2. Process flow

The handling sequence for a 866 file, from first consultation to decision. Each step assumes the one before it is genuinely finished - not "mostly done".

Take the claims seriously and early
Protection work is specialist work. Take detailed instructions on the claims: who fears what, from whom, and why the home state cannot protect them.
Check the arrival basis
The 866 requires lawful arrival; unauthorised maritime arrivals are in a different cohort (785/790).
Prepare the statement of claims
A detailed, consistent, chronological statement with country-condition evidence. Inconsistency between interview and statement is the main credibility killer.
Lodge and prepare for interview
Prepare the client thoroughly for the protection interview.
Decision and review rights
Brief on review options and deadlines if refused.

3. Eligibility checklist

Every box must be confirmable with evidence, not the client's say-so, before you advise that the 866 is viable.

Be in Australia and engage Australia's protection obligationsArrived lawfully (different rules apply to unlawful maritime arrivals)Meet identity, security, health and character requirements

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4. Document checklist

The lodgement pack. Aim for decision-ready: a case officer should be able to grant without asking for anything further.

Valid passport biodata page for every applicant - check expiry against expected processing timeCertified identity documents: birth certificate, national ID, any change-of-name evidencePolice certificates for every country the client lived in for 12+ months in the last 10 years (since turning 16)Health examinations with an approved panel physician when requested (record the HAP ID)Form 956 appointing you as the registered agent, signed before you deal with the DepartmentDetailed statement of claims: who fears what, from whom, and why state protection is unavailableIdentity documents (or a credible explanation for their absence)Country-condition and corroborating evidence specific to the claims

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5. Cost checklist

Quote the full stack, in writing, before the client signs. Surprise costs are the fastest way to lose a client's trust (and earn a complaint).

Item	Indicative amount
Base visa application charge (2025-26, indicative)	~$45
Health examinations (where requested)	~$300-500
Police certificates	~$42-150 each
Your professional fee	Per your agency's schedule - quote in writing before Form 956
Rule of thumb	Government charges usually change every 1 July - re-quote any file that lodges after 30 June

6. Qualification checklist

Run this in the first consultation, before taking a retainer. It screens the client, not the visa: history, hard stops and honesty come first.

Full visa history for every applicant: refusals, cancellations and overstays anywhere in the world - undisclosed history is a PIC 4020 problem that surfaces at the worst timeIf onshore: what visa they hold now, its expiry, any 8503/8534 'no further stay' condition, and any section 48 bar from a refusalHealth: significant medical conditions in the family unit (for permanent visas the health requirement can apply to non-migrating dependants too)Character: criminal history anywhere, ever - a substantial criminal record is a hard stopIdentity: names and dates consistent across every document the client holdsMoney: the client understands the full cost stack and your fee before signing anythingConfirm: Be in Australia and engage Australia's protection obligationsConfirm: Arrived lawfully (different rules apply to unlawful maritime arrivals)Confirm: Meet identity, security, health and character requirements

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7. Case studies - eligible cases

Illustrative composites showing what a grantable 866 file looks like in practice.

Grant: Jorge from Iran

Background: Jorge, a hospitality worker from Iran. People in Australia who engage Australia's protection obligations (refugees and those owed complementary protection).
Why it qualified: (1) Be in Australia and engage Australia's protection obligations. (2) Arrived lawfully (different rules apply to unlawful maritime arrivals). (3) Meet identity, security, health and character requirements.
What made the file strong: The agent tested the weakest criterion first and fixed it before lodging, not after a natural-justice letter.
Outcome: Granted within the indicative processing window (Varies - often long).

Grant: Lena from Sri Lanka

Background: Lena, a warehouse supervisor from Sri Lanka. People in Australia who engage Australia's protection obligations (refugees and those owed complementary protection).
Why it qualified: (1) Be in Australia and engage Australia's protection obligations. (2) Arrived lawfully (different rules apply to unlawful maritime arrivals). (3) Meet identity, security, health and character requirements.
What made the file strong: Dates, names and figures matched across every document - no internal inconsistencies to trigger checks.
Outcome: Granted within the indicative processing window (Varies - often long).

8. Case studies - refusal cases

The same visa, handled badly. Every one of these failure modes is screenable at the first consultation.

Refusal: Tunde from India

Background: Tunde, a community worker from India, engaged an agent late and pushed for a fast lodgement of the 866.
What went wrong: Complex eligibility - strong, well-evidenced claims matter
Outcome: The case officer decided on the papers without a further request - the file had to stand on its own, and it could not.
Lesson for the agent: Apply the decision-ready test: if you cannot evidence the claim today, the application is not ready to lodge.

Refusal: Anya from Colombia

Background: Anya, a long-term permanent resident from Colombia, engaged an agent late and pushed for a fast lodgement of the 866.
What went wrong: Identity and character issues
Outcome: The refusal went to review: another year, more cost, and no certainty the outcome changes.
Lesson for the agent: Front-load the file - address the weakness squarely in a submission instead of hoping the case officer will not notice.

9. Self-exam

10 questions drawn from this manual. Pass mark 80%. Answers are graded on the server and your result is recorded against your agent profile - retakes are unlimited and your best score is kept. Log in to the agent portal first so your result is saved to My trainings.

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