Protection visa (subclass 866)

Advice on the legal test for a protection visa applied for in Australia.

OUR EXPERTISE

Subclass 866

Emil Joseph Kalouch, registered migration agent MARN 0637601, leads CK Migration’s refugee and humanitarian work.

We advise on whether a person’s circumstances meet the legal test. The facts are discussed in a consultation. This page is not a guide to preparing a claim.

The refugee test

The person is in Australia, and is not a citizen of Australia.
They face a well-founded fear of persecution in their home country.
The persecution is for reasons of race, religion, nationality, membership of a particular social group, or political opinion.
They cannot safely relocate inside that country, and the country will not protect them.

Complementary protection

If the refugee test is not met, the decision-maker considers complementary protection.
The question is whether there is a real risk of significant harm if the person is removed: arbitrary deprivation of life, the death penalty, torture, or cruel or inhuman or degrading treatment or punishment.
We advise on which limb, if either, the facts meet.

Character, and how we advise

Character and security criteria can lead to refusal even where a harm test is met. We advise on those criteria.
The consultation is where the history is taken. We do not publish a method for writing a statement of claim.
Emil Joseph Kalouch, registered migration agent MARN 0637601, leads CK Migration’s refugee and humanitarian work.

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Plain-language explanations so you can make informed decisions about your migration options.

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READY TO START

Discuss a protection visa

Emil Joseph Kalouch leads this work. A consultation is the place to discuss whether the legal test is met.