Gay men facing imprisonment, transgender women facing violence, bisexual persons facing family honour crimes
Subclass 866 Protection Visa
Protection Visa Lawyers
When Returning Home Isn’t Safe
If you are in Australia on a student visa, visitor visa, bridging visa, or another temporary visa and it is not safe to return home, there may be a legal pathway to remain in Australia under the protection visa framework.
Timing and preparation can affect your options. Understanding your position early helps avoid unnecessary risk.
2-Day Cooling-Off Period
No Pressure to Sign
Transparent Fees
Payment Plans Available
LGBTIQ+ Welcome
Licensed & Registered Migration Law Practice
What makes us different?
Recognised Grounds for Protection
Sexual Orientation and Gender Identity
Persecution based on being LGBTIQ+ is recognised under "particular social group." You cannot be required to hide your identity to avoid harm.
Examples
Religion
Persecution for religious beliefs, practices, conversion, or apostasy (leaving a religion). Includes refusing to hold certain beliefs.
Examples
Christians in Iran, Ahmadis in Pakistan, atheists in Bangladesh, Uyghur Muslims in China
Political Opinion
Persecution for holding, expressing, or being perceived to hold political opinions contrary to the government or ruling power.
Examples
Opposition party members, journalists, human rights activists, labour organisers
Race
Persecution based on race, colour, descent, or ethnic origin. Includes indigenous peoples and ethnic minorities.
Examples
Rohingya in Myanmar, Hazaras in Afghanistan, Tamils in Sri Lanka
Nationality
Persecution based on citizenship or membership of a particular national group, including stateless persons.
Examples
Stateless Palestinians, Bidun in Gulf states, ethnic minorities denied citizenship
Particular Social Group
A group sharing an innate, unchangeable characteristic, or characteristic so fundamental to identity it should not be required to change.
Examples
Women in certain contexts, family members of persecuted persons, former military
Country Intelligence
Country-Specific Information
Grant rates and claim types vary significantly by country. Click on a country to see detailed information about common claims and important considerations.
A Safe Space for LGBTIQ+ Applicants
A significant proportion of protection claims involve LGBTIQ+ applicants who face persecution, violence, or imprisonment due to their sexual orientation or gender identity. We understand the unique challenges you face, including gathering evidence about something you may have hidden your entire life. Your matter will be handled with complete confidentiality, sensitivity, and respect.
Complete confidentiality guaranteed
LGBTIQ+ Affirming Practice
Experience with sexuality-based claims
Sensitive evidence gathering
Lives, Not Files.
We’ll Fight For Yours.
Your visa isn’t just paperwork. It’s your future, your family, your life in Australia. At My Migration Lawyers, we treat it that way. No Pressure. No false hope. Just honest advice and proper service from migration lawyers who actually care about getting it right.
12 Client Commitments
These are enforceable operational standards — not aspirational statements.
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2-Day Cooling-Off Period
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After receiving engagement documents, you have two full business days to review everything carefully, understand the costs, and decide whether you're comfortable proceeding. You can seek independent advice or discuss with family without pressure.
Most firms expect immediate sign-ups. We deliberately slow the process so decisions are made calmly, not under pressure.
2
No Pressure to Engage
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We do not push clients to sign or pay during consultations. No urgency language, no fear-based messaging, no emotional pressure. Your consultation is about understanding your situation, not being pushed into signing.
No discounts for signing "today". No countdown timers. Payment requested only after you've decided, not during consult.
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Fee Installments Available
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You don't need the full fee available upfront. We offer payment plans that spread costs across key stages, making professional legal representation more financially manageable. No interest charges, processing fees, or admin penalties.
Migration legal services shouldn't be accessible only to those who can pay $10,000+ upfront.
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Suitability-First Advice
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We do not accept every matter. If we believe your case is not suitable to proceed — because evidence is too weak, risks are too high, or it would cause more harm than benefit — we tell you clearly and early, even if you're willing to pay.
We reject borderline matters rather than take uncertain fees. Income is sacrificed for professional integrity.
5
Care Beyond Engagement
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Once you engage us, you're not left chasing your lawyer. Your calls are returned, your emails are answered, and important dates are watched carefully. Even during long waiting periods, your matter receives attention — not forgotten after payment.
We deliberately control how much work we take on so matters already in progress are properly looked after.
6
Fee Transparency
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Staged fees tied to specific milestones with clear deliverables. You know exactly what you're paying for at each step, when payment is required, and what is not included. No opaque fixed fees paid upfront.
Every dollar is defensible and linked to completed work. Full fee transparency before engagement.
7
Fair & Clear Refund Policy
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You know upfront how refunds work. Our refund policy is provided before you engage, not after a dispute arises. Refund decisions are based on milestones completed, not emotion or negotiation.
Milestone completion determines entitlement, not pressure. Policy is published and applied consistently to every client.
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Transparency Before We Start
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Before you commit, you receive a complete information pack: fees and milestone schedule, refund policy, complaints policy, privacy and cybersecurity summary, service level standards charter, how we manage your matter, and scope & suitability policy.
All 7 documents provided before any decision is required. Nothing important is hidden or deferred until after payment.
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Regular Updates Guaranteed
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Defined update cadence by matter stage. Even when there is no news from the Department or Tribunal, you receive updates at defined intervals so you know your matter is being monitored. Update standards are documented in our Service Level Standards Charter.
Silence during waiting periods is the #1 complaint in migration. We eliminate it. Generic "we're working on it" messages are banned.
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Professional Cybersecurity
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Your data is protected through secure systems, access controls, and professional protocols. Migration matters involve sensitive identity documents, personal histories, and financial information. We use professional-grade systems, not consumer tools.
Multi-factor authentication enforced. Document access is role-based and logged. Cybersecurity is an operational priority, not an afterthought.
11
Formal Complaints Process
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If something goes wrong or you are unhappy, there is a clear and fair way to raise concerns. Complaints are acknowledged within 2 business days, reviewed by management, and responded to in writing within defined timeframes.
We treat complaints as serious professional matters, not personal disputes. Every complaint is logged, reviewed, and tracked for systemic improvements.
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What We Won't Do
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We explicitly reject common industry practices: promising outcomes we can't control, pushing you to sign on the spot, taking unsuitable cases, charging before explaining costs, going silent during waiting periods, and taking more clients than we can properly serve.
These prohibitions are enforceable operational rules, not aspirational goals. We put them in writing because they matter.
Ready to Start?
Book Your Assessment
Schedule a 45-minute visa assessment with our team. We'll review your situation, explain your options, and give you a clear understanding of the pathway forward.
Detailed eligibility assessment for your situation
Clear explanation of visa options and pathways
Identification of any potential issues or risks
Transparent fee estimate with no hidden costs
No pressure to proceed — decision is always yours
$300
45-minute consultation
Credited towards your matter if you proceed - $30 separate booking fee applies
Before you sign
Complete Transparency Before You Decide
Before you engage us, you'll receive a complete information pack covering every aspect of our engagement. Read it at your own pace. Make your decision with full knowledge, not assumptions.
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7 documents delivered before engagement
Ready for a Different Experience?
Book a visa assessment and see how migration law should work.
Common questions
Protection Visa FAQs
Understanding the protection visa process, requirements, and what to expect.
What is a protection visa?
A Subclass 866 Protection Visa is an Australian visa for people who are in Australia and need protection because they face persecution or serious harm if returned to their home country. It provides permanent residence to people who meet the refugee definition or complementary protection criteria under Australian law.
Do I need to be in Australia to apply?
Yes. The Subclass 866 Protection Visa is an onshore visa only. You must be physically present in Australia to lodge a valid application. If you are outside Australia, you cannot apply for this visa.
What is the difference between refugee and complementary protection?
Refugee protection requires persecution for a Convention reason (race, religion, nationality, political opinion, or particular social group). Complementary protection covers situations where you face serious harm like torture or death penalty but not for a Convention reason. Both provide the same visa outcome if granted.
What evidence do I need for my claim?
Evidence varies by claim type but typically includes: your personal statement, identity documents, country information supporting your claims, supporting letters or statements from witnesses, medical or psychological reports if relevant, and any documents proving past persecution or future risk.
How long does processing take?
Processing times vary significantly. Some priority caseloads (like Myanmar) are processed faster. Complex claims may take 2-4 years or longer. We provide regular updates throughout the process.
Can I work while my application is being processed?
If you are granted a Bridging Visa A (BVA) with work rights, you can work while your protection visa application is being processed. Work rights depend on your circumstances and visa history. We can advise on your specific situation.
What happens if my application is refused?
If refused, you generally have the right to seek review at the Administrative Appeals Tribunal (AAT). There are strict time limits for lodging review applications, typically 28 days for onshore applicants. Further options may include judicial review or ministerial intervention.
Will the Department interview me?
Many protection visa applicants are invited to attend an interview with the Department. This is your opportunity to present your claims verbally and respond to questions. We prepare clients thoroughly for interviews and can attend with you.
What is a "particular social group"?
A particular social group (PSG) is a group defined by a shared characteristic that is innate, unchangeable, or so fundamental to identity it should not be required to change. LGBTIQ+ persons, women in certain contexts, and family members of persecuted individuals are common PSG claims.
Can my family be included in my application?
Yes, your partner and dependent children who are in Australia can be included in your protection visa application as secondary applicants. They must meet health and character requirements. Family members outside Australia cannot be included initially but may be sponsored later if your visa is granted.
What if I entered Australia illegally?
Arriving without a valid visa does not prevent you from applying for protection. However, there are different pathways depending on how and when you arrived. People who arrived by boat after certain dates may be subject to different processing arrangements. We can assess your specific situation.
Is my claim confidential?
Yes. Your protection claims are confidential. The Department is prohibited from disclosing your application details to your home country. Our firm maintains strict confidentiality for all client matters, and this is particularly important for protection visa claims.
What is a "well-founded fear"
A "well-founded fear" has both subjective and objective components. You must genuinely fear persecution (subjective), and that fear must be reasonable based on the objective circumstances in your country. It doesn't require certainty of persecution — a real chance of persecution is sufficient.
Can I apply if i've lived safely in another country?
If you spent time in a third country where you could have sought protection but didn't, this may affect your claim. The "effective protection" test considers whether you had access to meaningful protection elsewhere. This requires careful legal analysis of your circumstances.
What happens if i'm LGBTIQ+ but haven't told anyone?
You cannot be required to hide your sexual orientation or gender identity to avoid persecution. Your claim can be valid even if you have concealed your identity. We help LGBTIQ+ applicants gather appropriate evidence sensitively, understanding that many have never disclosed their identity before.
What is a "sur place" refugeee status?
A "sur place" claim arises when you face persecution risk due to events that occurred after you left your country — such as a coup, policy change, or your activities in Australia (like political activism). The persecution risk need not have existed when you originally departed.
How much does a protection visa application cost?
There is no government application fee for most onshore protection visa applications. Professional fees for legal assistance vary depending on the complexity of your claim. We provide fee estimates after assessing your matter and offer payment plans where appropriate.
What grant rate can I expect?
Grant rates vary significantly by country and claim type. Myanmar nationals have 96-98% grant rates; Iranian claims 70-76%; while Indian and Nepali claims are 1-5%. We assess your individual circumstances rather than relying on statistics alone. A strong, well-prepared claim is always important.
Still have questions?