You might be able to get a Protection visa (subclass 866) if all of the following apply:

• you are claiming Australia’s protection
• you meet one of the following criteria:
  • you are a refugee as defined by the Migration Act 1958
  • you meet the complementary protection criteria in the Migration Act 1958.
• you are not barred from lodging a Protection visa application
• the minister is satisfied that the grant of the visa is in the national interest.

Australia’s protection obligations

According to the Migration Act 1958, refugees are people who are outside their home country and cannot return because they have a well-founded fear of persecution due to their:

• race
• religion
• political opinion
• nationality
• membership of a particular social group.

Australia is obliged under the Refugees Convention to provide protection to refugees and to ensure they are not returned to any place where they are likely to face persecution for one of the five grounds under the Migration Act 1958.

Protection can also be provided to people who cannot be returned to their home country because they engage Australia’s complementary protection obligations.

People engage protection in Australia under complementary protection obligations if there is a real risk that if they return to their home country they will suffer any of the following types of significant harm:

• arbitrary deprivation of life
• the death penalty
• torture
• cruel or inhuman treatment or punishment
• degrading treatment or punishment.

Australia’s obligation not to return people who might be subject to such harm derives from international human rights treaties to which Australia is a party. These treaties are the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

Health requirements

Character requirements

You must undergo health examinations. This will protect your health and the health of the Australian community.

These examinations are conducted by Bupa Medical Visa Services.

You will be given a health identifier (HAP ID) and information about how to arrange your health examinations, after you have lodged your visa application.

Provide biometrics

After you have applied you and any family members in Australian included in your application must let us take a digital photograph of your face and a scan of your fingerprints. Some people do not need to provide their fingerprints (see below).

You can apply for a waiver under limited circumstances.

If you do not let us collect this information:

• your application for this visa will be invalid and cannot be approved
• if you are granted a bridging visa when you apply, it will end 28 days after you are notified that your application is invalid.

More information about how we collect this information is available atphotographs and fingerprints.

Children

If you are younger than 18 years of age, you will need a parent, guardian or other adult (such as a relative, friend or migration agent) to give their permission for us to take your photograph or your fingerprints.

Fingerprints will not be taken for people who are:

• younger than 15 years of age
• incapable
• physically unable.

An incapable person is someone who is not able to understand why they need to provide their photograph or fingerprints. This includes people who have an intellectual disability.

Waivers for photographs and fingerprints

Waivers can apply in exceptional circumstances and we will consider as required.