Bircan Migration & Education, home Book a consultation
Menu

Home / Protection & humanitarian

Protection & humanitarian visas

Australia gives protection to people who are refugees, or who face a real risk of significant harm if returned. We prepare protection matters from the first statement to the final review.

Free review deadline calculator

Protection visa refused? Check your review deadline

Most protection refusals can be reviewed by the Tribunal, usually within 28 days of being notified. Work out your last day to apply now.

  • Email
  • By hand
  • Post in Australia
  • Post overseas
  • Judicial review

Protection and humanitarian visas

Choose your visa

Onshore protection and offshore humanitarian visas. Choose a visa for the full requirements.

Subclass 866 Protection visa A permanent visa for people in Australia who are refugees, or who face a real risk of significant harm if returned, and who arrived in Australia holding a valid visa. View visa → Subclass 785 Temporary Protection visa A temporary protection visa for people who arrived in Australia without a valid visa, or who are otherwise not eligible for a permanent Protection visa. View visa → Subclass 790 Safe Haven Enterprise visa (SHEV) A temporary protection visa for people who arrived without a valid visa, originally linked to work or study in regional Australia. View visa → Subclass 851 Resolution of Status visa A permanent visa that lets eligible current and former Temporary Protection and Safe Haven Enterprise visa holders move to permanent residence. View visa → Subclass 200 Refugee visa A permanent humanitarian visa for refugees outside their home country, usually referred by the United Nations High Commissioner for Refugees (UNHCR). View visa → Subclass 201 In-country Special Humanitarian visa For people still living in their home country who are subject to persecution there. View visa → Subclass 202 Global Special Humanitarian visa For people outside their home country subject to substantial discrimination amounting to gross violation of their human rights, proposed by someone in Australia. View visa → Subclass 203 Emergency Rescue visa For people facing an urgent and immediate threat to their life or safety, referred in emergency circumstances. View visa → Subclass 204 Woman at Risk visa For women outside their home country who are subject to persecution and do not have the protection of a male relative. View visa →
Registered migration agentMARN 1463685Bound by the MARA Code of Conduct
Honest assessment firstWe check every criterion before you apply
Community languagesAccredited translations arranged for your documents
Auburn, phone or videoClients across Sydney, Australia and overseas
Important changes from 1 November 2026

New regulations started on 1 November 2026. They affect travel, bridging visas and Tribunal reviews for protection visa applicants. Get advice before you travel or lodge a review.

No bridging visa B for travel

If your protection visa application is undecided, or you are seeking Tribunal or court review of a refusal, you can no longer get a bridging visa B. If you leave Australia, you will not be able to come back on a bridging visa, and your protection claim may effectively end.

Upfront fee for Tribunal review

For protection decisions made on or after 1 November 2026, a review fee of half the standard migration review fee ($1,863.50 at the start, indexed each year) is paid when you apply. It is waived if you are in immigration detention and fully refunded if the review succeeds.

Bridging visa E conditions

Some bridging visa E grants, including some to protection visa applicants, can now include conditions requiring you not to engage in criminal conduct and to follow a code of behaviour. Breaching them can lead to cancellation.

Source: Migration Amendment (2026 Measures No. 1) Regulations 2026. Further protection reforms announced in September 2026, such as faster Tribunal review and limits on work rights during review, are not yet law.

Onshore protection

Visas for people already in Australia

Which protection visa applies depends mainly on how you arrived in Australia.

866Subclass

Protection visaPermanent

A permanent visa for people in Australia who engage Australia's protection obligations, either as a refugee or under complementary protection. Generally for people who arrived in Australia holding a valid visa.

  • Lets you live, work and study in Australia permanently
  • Family members in Australia can be included in the application
  • A pathway to Australian citizenship
785Subclass

Temporary Protection visaTemporary

A temporary protection visa for people who arrived in Australia without a valid visa or who were otherwise ineligible for a permanent Protection visa.

  • Assessed against the same protection criteria
  • Holders may be eligible to apply for the Resolution of Status visa
790Subclass

Safe Haven Enterprise visa (SHEV)Temporary

A temporary protection visa for people who arrived without a valid visa, linked to work or study in regional Australia.

  • Holders may be eligible to apply for the Resolution of Status visa
851Subclass

Resolution of Status visaPermanent

A permanent visa that lets eligible TPV and SHEV holders, and those who held them, move to permanent residence.

  • We check your eligibility and the character and identity requirements
  • Provides a pathway to citizenship

The criteria

Refugee status and complementary protection

The Department first decides whether you are a refugee. If not, it considers whether complementary protection applies.

RefugeeTest 1

Refugee criteria

You have a well-founded fear of persecution because of your race, religion, nationality, political opinion or membership of a particular social group, and you cannot get protection from your own country.

  • The persecution must involve serious harm and systematic and discriminatory conduct
  • Relocation within your country must not be reasonable
CPTest 2

Complementary protection

There are substantial grounds for believing there is a real risk you would suffer significant harm if returned, such as arbitrary deprivation of life, the death penalty, torture, or cruel, inhuman or degrading treatment or punishment.

Our process

How we prepare a protection matter

Credibility is central to most protection decisions. Careful preparation reduces the risk of inconsistencies between your statement, your interview and your documents.

  1. Consultation and assessment

    We hear your story, look at your documents and explain whether the protection criteria may apply.

  2. Evidence organisation

    Identity documents, photos, screenshots, letters and records are numbered and indexed into an evidence bundle.

  3. Translations

    Documents and messages in Kurdish, Turkish, Arabic, Persian and other languages are translated for the Department.

  4. Statement of claims

    Your account is drafted in your own words and checked for dates, places, names and consistency.

  5. Country information and media

    We research current country information and media reports and link them to each claim.

  6. Written submissions

    Legal submissions apply the refugee and complementary protection criteria to your evidence.

  7. Interview and Department requests

    We prepare you for the protection interview and respond to any request for information or adverse information.

  8. Review if refused

    If the application is refused, we advise on review by the Administrative Review Tribunal and further options.

The interview

Your protection visa interview

Preparing for your protection interview

  • Read your statement again carefully before the interview
  • Give dates, places and names as accurately as you can
  • If you don't know or don't remember, say so; don't guess
  • Ask the interpreter to repeat anything you don't understand
  • Tell the officer about any trauma or health issues that affect your memory
  • Bring new documents and translations with you
Who attends
You, a Department officer, an interpreter and usually your agent
Language
An accredited interpreter in your language, free of charge
Family members
Each person may be asked about their own claims
After the interview
You may be invited to comment on adverse information
If refused
Tribunal review, usually within 28 days

Offshore humanitarian

Humanitarian visas from outside Australia

These visas are for people outside Australia and their home country. Places are limited and many applications rely on an Australian proposer.

201Subclass

In-country Special Humanitarian visaPermanent

For people still living in their home country who are subject to persecution there.

202Subclass

Global Special Humanitarian visaPermanent

For people outside their home country subject to substantial discrimination amounting to gross violation of human rights, proposed by an Australian citizen, permanent resident or organisation.

  • We help proposers prepare the proposal and supporting evidence
203Subclass

Emergency Rescue visaPermanent

For people facing an urgent and immediate threat to their life or safety, referred in emergency circumstances.

204Subclass

Woman at Risk visaPermanent

For women outside their home country who are subject to persecution and have no male relative to protect them.

Documents

What to bring

Bring these to your first appointment

  • Passport and national identity card, if you have them
  • Birth and marriage certificates, and family documents
  • Evidence of threats or harm: messages, letters, photos and social media posts
  • Police, court, medical or hospital records
  • Membership cards or letters from political, religious or community organisations
  • Your current visa details and any letters from the Department

Bring what you have, even if documents are incomplete or not in English. We arrange translations.

Printable checklists →

Questions

Protection visa questions

Can I work while my protection application is processed?

Most applicants who apply while holding a valid visa are granted a bridging visa. Whether it allows work depends on your circumstances and visa conditions. We check this when we lodge.

Can I travel overseas while my protection application is being processed?

Since 1 November 2026, protection visa applicants, and people seeking review of a protection refusal, can't get a bridging visa B. If you leave Australia you won't be able to return on a bridging visa. Talk to us before making any travel plans.

What if my documents are not in English?

Documents must be accompanied by an English translation. We arrange translations and present them alongside the originals.

What happens if my protection visa is refused?

You may be able to apply to the Administrative Review Tribunal for merits review, usually within 28 days. For decisions made on or after 1 November 2026, an upfront review fee applies unless you are in immigration detention, and it is refunded in full if the review succeeds. Contact us immediately. See Visa & citizenship refusals.

Is what I tell you confidential?

Yes. Registered migration agents must keep client information confidential under the Code of Conduct, and protection claims are treated with particular care.

Need protection advice?

Every protection case is different. Speak with us before you lodge or respond to the Department.

Call nowWhatsAppBook online
WhatsApp us