Refugee Advice and Casework Service A. Level 12, 173-175 Phillip Street Sydney NSW 2000 P. [02] 9114-1600 F. [02] 9114-1794 E. admin@racs.org.au W. www.racs.org.au How to complete and lodge an application for a Protection visa (subclass 866) with the Department of Immigration and Citizenship (DIAC). UNHCR/S.Phelps
Fill out the application form The Protection visa application form is called Form 866. It is available on the Department of Immigration website (www.immi.gov.au). Read Part A of the application form which has instructions about how to fill out the form. Complete Part B with the details of all members of your family unit who are applying for protection. All members of the family unit must complete either Part C or Part D. Part C is for members of the family unit who have individual fears of harm. Part D is for members of the family unit who do not have individual fears of harm. Answer all questions. If a question does not apply to you, write N/A (which means not applicable). If you cannot remember the answer to a question, write cannot remember. Claims for protection (questions 42-48 of Part C): These questions are very important. Include all relevant facts about what has happened to you in the past and what you fear might happen in the future. If you have a lot of information, you can write the information in a separate statement and attach it to the application form. See the RACS Fact Sheet on How to Write a Statement for a Protection Visa. Payment (question 21 of Part B): You have to pay for your application. You can pay by bank cheque/money order, cash or credit card. Signing: Do not sign the application form until you are certain that it is fully and correctly completed. You must sign the declaration at Question 67 of Part C in front of a solicitor or Justice of the Peace who will witness your signature. (to find a Justice of the Peace http://jp.lawlink.nsw.gov.au/public/welcomepublic.do) 2 How to complete and lodge an application for a Protection visa (subclass 866) with the Department of Immigration and Citizenship (DIAC).
Obtain necessary documents Photos: Each person listed on the application form must provide 2 photographs (passport size). Passports and identification: Obtain *certified copies and translations of all relevant identification, which may include passports, ID cards, birth certificates, marriage certificates. Other documents that support your claims: Include any other documents (and translations), photos or other forms of evidence that support the facts of your story. *a certified copy of a document is a photocopy of a document that has been certified by a Justice of the Peace (to find a Justice of the Peace http://jp.lawlink.nsw.gov.au/public/welcomepublic.do) 3
Hand in the application at the Department of Immigration Read the checklist in Part A of the 866 Form: Ensure that you have completed the application form and attached all necessary documents. When the application is ready, take it to the Department of Immigration and hand in the application. You can find the addresses of DIAC offices in Australia on the website (www.immi.gov.au/contacts) It is not necessary to make an appointment. However, you can make an appointment by calling 131 881. It is possible to send the application by mail or someone else can hand it in on your behalf (such as a migration agent or relative). However, you will still have to go to the office yourself at a later time to have fingerprints and photographs taken. 4 How to complete and lodge an application for a Protection visa (subclass 866) with the Department of Immigration and Citizenship (DIAC).
Requirement to provide fingerprint scan and digital photograph to make a valid application All people who apply for a Protection Visa, including each member of the family unit included in the application, may be required to provide a digital photograph of their face and a scan of their fingerprints (known as personal identifiers ) in order to make a valid application. The personal identifiers you are required to provide depend on your age and circumstances: Age Requirements 18 years old or more Digital photograph and fingerprints 15 to 17 years old Digital photograph and fingerprints (with consent) 5 to 14 years old Digital photograph only (with consent) Less than 5 years old No personal identifiers required 5
After your application has been lodged After DIAC receives your application, you will be given a receipt. DIAC will send you a letter informing you what will happen next. For example, DIAC may tell you to undergo health examinations. It is very important that you inform DIAC if your contact details change, if you change your address or phone number. If there are any changes to your circumstances, or if you obtain more information, after you lodge the application, you should inform DIAC. Interview: DIAC will send you a letter inviting you to attend an interview about your case. For more information regard the the DIAC interview see RACS Fact Sheet on Attending a DIAC interview please note For more information regard the the DIAC interview see RACS Fact Sheet on What happens at an interview for a Protection visa application? 6 How to complete and lodge an application for a Protection visa (subclass 866) with the Department of Immigration and Citizenship (DIAC).
Bridging Visa You may be granted a Bridging Visa if you lodge a valid protection visa application and meet certain other criteria. A bridging Visa gives you lawful status in Australia while your application is being processed. Your Bridging Visa will end 28 days after you are notified of the decision on your Protection Visa application. If your protection visa application becomes invalid because you do not provide personal identifiers or due to other reasons, your bridging visa and any associated entitlements will cease 28 days after you are notified that the application is invalid. Further information For further information, you can contact the RACS Telephone Advice service on 9114 1600 between 10:00 and 12:00 on Tuesday and Thursday for free telephone advice, to see if you need an appointment or for a referral to another service. This brochure is available in: Arabic, Chinese (simplified), Dari/Farsi, Tamil Turkish, Urdu For more information, visit www.racs.org.au, call RACS on (02) 9114-1600 or email admin@racs.org.au. Disclaimer This fact sheet is general. It does not constitute, and should be not relied on as, legal advice. Refugee Advice and Casework Service recommends seeking advice from a qualified lawyer on the legal issues affecting you before acting on any legal matter. Refugee Advice and Casework Service is the author of this publication and accepts responsibility for the information. This factsheet applies to people who live in, or are affected by, the law as it applies in Australia. The information in this fact sheet is current at 1 November 2012 This publication has been produced with the financial assistance of the Law and Justice Foundation of NSW. The Foundation seeks to advance the fairness and equity of the justice system and to improve access to justice, especially for socially and economically disadvantaged people. http:// lawfoundation.net.au This publication is copyright. It may be reproduced in part or whole for educational purposes as long as proper credit is given to the Refugee Advice and Casework Service and its contributors. Disclaimer:any opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Law and Justice Foundation s Board of Governors. Refugee Advice and Casework Service. 7
@RACSaustralia