Form 866 – Fill Out and Use This PDF

Form 866

A	Part A
	Ð Explanatory notes on how to apply for a
	Protection visa
	Ð Additional information for an applicant in
	detention

B	Part B
	Ð Application form to show each person included
	in this application and family composition

C	Part C
	Ð Application form for each person included in
	this application who wishes to submit their own
	claims for protection

D	Part D
	Ð Application form for each person who is to
	be included in the application but does not
	wish to submit their own claims for protection

Other forms required for this application

Form
80	Form 80 Personal particulars for character assessment
	Ð Required by applicants who are 16 years of age or over

	Form
	26	Form 26 Medical examination for an Australian visa
		Ð All applicants are required to undergo a medical
		examination
	Form
	160	Form 160 Radiological report on chest x-ray of an
		applicant for an Australian visa
		Ð Required by all applicants over 11 years of age

If you wish to appoint a migration agent, they should complete form 956

Advice by a migration agent/exempt person of providing immigration

assistance which you will need to sign.

Note: If more than one person is to be included in this application, they will need to complete more forms.

If they are a dependant with no claims please fill out a Part D, form 80, form 26, and form 160 if applicable.

If they are a dependant with claims please fill out a Part C, form 80, form 26 and form 160 if applicable.

Forms are available from www.immi.gov.au/allforms/ or from any office of the Department of Immigration and Citizenship.

A	How to apply for
	a Protection
	(Class XA) visa

Form

866A

Important – Please read this information carefully before you complete your application. Once you have completed your application we strongly advise that you keep a copy for your records.

Forms and Fact sheets can be found on the Department of Immigration and Citizenship’s (the department) website or from any office of the department.

Forms are available from www.immi.gov.au/allforms/

Fact Sheets are available from

www.immi.gov.au/media/fact-sheets/

You should also read the information form 1025i Making and processing visa applications. This will tell you how to apply for a visa and how your application will be processed.

Complete this application form (866) if you:

•are in Australia;

•are seeking the protection of Australia; and

•have your own claims for protection; OR

•are a member of the same family unit of a person who has their own claims for protection.

You may be granted a Protection visa if it is determined that:

•you are a person to whom Australian has protection obligations under the Refugees Convention and Australian legislation; or

•you are a member of the same family unit of such a person;

OR

•you are a person to whom Australia has protection obligations because, in accordance with Australian legislation, there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia, there is a real risk that you will suffer significant harm; or

•you are a member of the same family unit of such a person;

AND

•you and the members of your family unit included in this application undergo health checks, provide personal identifiers when required and satisfy public interest criteria, including security, character and the requirement to sign the Australian Values Statement.

Definition of a refugee

A refugee is defined by the 1951 United Nations Convention relating to the Status of Refugees, and its 1967 Protocol (Refugee Convention), as a person who:

‘owing to well-founded fear of being persecuted for reasons of:

•race

•religion

•nationality

•membership of a particular social group, or

•political opinion’

and

‘is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it.’

Other relevant international obligations

If you are not found to be owed protection under the Refugees Convention your claims will be assessed to determine whether they engage Australia’s other relevant international obligations that prevent the return of a person to a place where they would face certain types of harm. These are called non-refoulement (non-return) obligations.

Australia has non-refoulement (non-return) obligations where there are substantial grounds for believing that, as a necessary and foreseeable consequence of a person being removed from Australia to a receiving country, there is a real risk that the person will suffer significant harm.

Significant harm is where a person will:

•be arbitrarily deprived of his or her life; or

•have the death penalty carried out on him or her; or

•be subjected to torture; or

•be subjected to cruel or inhuman treatment or punishment; or

•be subjected to degrading treatment or punishment.

If you hold a valid visa you should lodge your Protection visa application before your current visa expires. If your current visa expires, and you have not lodged a valid Protection visa application, you will become unlawful in Australia.

If you apply for protection and you are refused, it is unlikely that you will be able to apply for another visa while still in Australia.

If you are not a person to whom Australia has protection obligations, there may be other visas more suitable to your circumstances. More information on finding the right visa for you is available on the department’s website www.immi.gov.au

Further information about Australia’s protection obligations is available in Fact sheet 61 www.immi.gov.au/media/fact-sheets/

How to make an application

First complete Part B of the application to provide details about yourself and all other persons included in the application.

Your claims

To make a valid application, you must either put forward reasons for claiming protection or claim to be a member of the same family unit of a person who has submitted their own claims for protection.

To submit your own claims you must complete and include Part C of the application – Application for an applicant who wishes to submit their own claims for protection.

To properly complete Part C you must answer Questions 42–48 to provide your reasons for claiming protection.

If other members of your family unit have their own reasons, they should complete a separate Part C each.

You should answer all these questions in your own words and tell the department everything about why you think you are owed protection. You may answer these questions on the application form or by submitting a separate statement with your application. All claims and supporting material should be provided when you lodge the application.

Note: A person who is subject to any of the following sections of the Migration Act 1958 is not able to make a valid application unless the Minister waives these restrictions:

•s46A which prevents an offshore entry person making a valid visa application if they are in the migration zone and are an unlawful non-citizen;

•s48A which prevents repeat applications for a Protection visa;

•s91E – relating to safe third country;

•s91K – relating to the Temporary Safe Haven visa;

•s91P – relating to Effective Protection.

Family unit

With regard to the Class XA Protection visa application a family unit can include a partner, dependent children, or certain other dependants.

Members of the same family unit may apply together on the same form.

If a child is born to an applicant after an application is lodged and before a primary decision is made on that application, the child will be taken to be included in that application. You should promptly notify the department of the birth of your child.

If you are included in this application as a member of the same family unit and you do not meet the definition of a member of the same family unit, you will be advised.

If you have been separated from members of your immediate family and are successful in your visa application and you are granted a permanent subclass 866 Protection visa, you may be able to propose them for humanitarian entry to Australia at a later date. With regard to a Humanitarian entry proposal, a member of the immediate family includes your partner, dependent children and your parents (if you are under 18 years of age).

For your immediate family to be eligible for the grant of a humanitarian visa, you must declare them to the department (refer to Part B Questions 10–13).

Personal identifiers

As part of the Protection visa application process, you and each other person included in this application will be required to provide the following personal identifiers in person at an office of the department:

•a digital photograph (face and shoulders); and

•fingerprints (only if the applicant is 15 years of age or more).

Failure to comply with a requirement to provide personal identifiers will mean that your Protection visa application is invalid and cannot be considered by the department.

It is recommended that you make an appointment to lodge your application in person at an office of the department and provide the digital photograph and fingerprints at this time.

More information on personal identifiers is available on the department’s website at

www.immi.gov.au/visas/humanitarian

Passport photograph and signature

You and each other person included in this application should provide a recent passport sized photograph and attach it to either Part C (member of the family unit who has their own claims for protection) or Part D (members of the same family unit who do not have their own claims but are included in the application on the basis of their membership of the family unit), whichever is applicable. To ensure that your photograph is of the required quality, you should obtain it from a photo shop or photo booth that complies with the relevant quality standards.

Each photograph must have been taken within the last 6 months and meet the following standards:

•it must show a close up of your head and the top of your shoulders;

•you must look directly at the camera with a neutral expression and with your mouth closed;

•your eyes must be open and clearly visible. If you wear spectacles, you should remove them;

•if you wear a scarf, turban or veil for religious or cultural reasons, these must not obscure the features of your face;

•if possible, please uncover your ears;

•the photograph must be taken against a plain, light-coloured background;

•the photograph must have appropriate brightness and contrast, with no shadows covering your face or flash reflecting on your face.

The photograph is to have certification in writing by an authorised person on the back of the photo confirming that it is a true likeness of the person named in the Protection visa application. See Who can certify my documents? on page 3.

You and each other person included in this application should also sign the application in accordance with the instructions on this form.

Minors and incapable persons

A child less than 15 years of age or an incapable person will only be required to provide a digital photograph with the consent of a parent, guardian or independent person.

A child less than 15 years of age or an incapable person should also provide a recent passport sized photograph (face and shoulders), but does not need to sign the application form. A parent or guardian can sign on their behalf. Unaccompanied minors may sign the application on their own behalf.

A child between 15 and 18 years of age will be required to provide a digital photograph and fingerprints with the consent of a parent, guardian or independent person. The parent, guardian or independent person should be present when fingerprints are collected. A child between 15 and 18 years should also provide a recent passport sized photograph (face and shoulders) and sign the application form.

Documentation required

Certified true copies of many documents are required as well as the original copies. See Step 2 on page 7 for further information.

Documents in a language other than English should be accompanied by an English translation completed by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). You should ask the translator for evidence of their NAATI accreditation, and attach it to the translation.

Who can certify my documents?

In Australia, copies of documents can be certified by a magistrate, Justice of the Peace, Commissioner for Declarations, solicitor, registered medical practitioner, bank manager, postal manager, or an Australian public service officer with five years or more service. For a full list of people who can certify documents please see the Statutory Declarations Regulations 1993, available from the Attorney General’s website www.ag.gov.au

Residential address and communication with applicant

You must tell the department where you intend to live while your application is being dealt with, so that the department can contact you about your application. If you change your residential or postal address you must notify the department by completing form 929 Change of address and/or passport details.

Failure to give a residential address will result in your application being invalid. A post office box address will not be accepted as your residential address.

In the case of applications from members of the same family unit, the department will communicate with either the person nominated as ‘Applicant 1’ in Part B of the application, or with the person authorised to receive written communications in Part B of the application.

If you plan to change your residential address for more than

14 days, you must advise the department of your new residential address and the period you will be living there. Correspondence sent by the department to the last address you have provided will be taken to have been received.

If you fail to make arrangements for collection or forwarding of your mail while you are absent from that address, you may not receive important correspondence from the department about your application. This may affect the outcome of your application and your access to review.

A decision made on your application will be sent to the last address given by you to the department (or to your migration agent/solicitor if you have one).

Life in Australia – Australian values

The Australian Government encourages people to gain an understanding of Australia, its people and their way of life, before applying for a visa to live in Australia.

This includes understanding that the English language, as the national language, is an important unifying element of Australian society. Australian society is also united through the following shared values:

•respect for the freedom and dignity of the individual;

•freedom of religion;

•commitment to the rule of law;

•Parliamentary democracy;

•equality of men and women;

•a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good;

•equality of opportunity for individuals, regardless of their race, religion or ethnic background.

The Life in Australia booklet provides more information on the values that Australians share and their way of life. This booklet is available in a wide range of languages. If you have not already received a copy it can be obtained from the department’s website www.immi.gov.au or from any office of the department.

You must have read the Life in Australia booklet before completing this application form. If you have difficulty, or are unable to read the booklet, you may have the content of it explained to you. Parts C and D of this form contain a statement that confirms you understand and will respect the values of Australian society (as explained in the booklet) and will obey the laws of Australia. This includes acknowledging what would be required if you later applied for Australian citizenship.

This statement must be signed by each person aged 18 years or over, included in this form.

About the information you give

Authority to collect information

The department is authorised to collect information provided on this form under Part 2 of the Migration Act 1958, ‘Control of Arrival and Presence of Non-citizens’. The information provided will be used by the department for assessing your eligibility for a visa to travel, enter and remain in Australia and for other purposes relating to the administration of the Migration Act, for example, to assist migrants with settling in Australia, to monitor the conduct of migration agents, or for ensuring compliance with the Migration Act.

The department is also authorised under the Migration Act, in certain circumstances, to collect a range of personal identifiers including photographs, fingerprints and signatures, from non-citizens, including visa applicants. The department requires personal identifiers to assist in assessing your identity.

The information you provide will only be used by the department for the purpose for which you have provided it, unless it is legally required or necessary to use it for another purpose, or you have consented to its use for another purpose. This information will become part of your official record with the department.

For more detailed information you should read form 1243i Your personal identifying information and form 993i Safeguarding your personal information.

Authority to disclose information

Please see form 993i Safeguarding your personal information. This information form explains the authority to collect your personal information by the department, how it can be used and how it is protected. It also tells you what you can do if you believe the department has wrongly collected or handled your information.

The department will only disclose your personal information to other agencies and foreign countries in accordance with the Privacy Act 1988.

The information provided by you may be disclosed to a number of agencies including law enforcement and health agencies and other agencies who may need to check your identity with this department.

The information provided by you may also be disclosed to agencies who are authorised to receive information relating to adoption, border control, business skills, citizenship, education, health assessment, health insurance, health services, law enforcement, payment of pensions and benefits, taxation, review of decisions and regulation of migration agents.

Relevant information about you may also be disclosed to federal, state and territory police to assist in your location and possible detention if you become an unlawful non-citizen. You will become an unlawful non-citizen if your visa ceases (for example, if it is cancelled for breach of a visa condition) or expires, and you do not hold another visa authorising you to remain in Australia.

Information may also be released to these authorities and to law enforcement agencies of other countries with which Australia has information sharing agreements to assist in the investigation of criminal offences.

Information from your application and any interviews may also be used or disclosed as the basis for checks with authorities in countries through which you have passed or in which you have resided since you left your country of origin. It may also be provided to the United Nations High Commissioner for Refugees (UNHCR), other international humanitarian agencies, and either the Australian High Commission, Embassy or Consulate in your home country for the purpose of verifying your identity, and/or claims for protection.

The department is also authorised to disclose your personal identifiers (such as fingerprints and photographs) and related information to other agencies or foreign countries in certain circumstances for permitted purposes under Part 4A of the Migration Act 1958. These permitted purposes are set out in form 1243i Your personal identifying information.

The department may disclose your personal identifiers to law enforcement agencies in Australia in order to identify you, to help determine your eligibility for a Protection visa and for law enforcement purposes.

The department is involved in international information exchanges with a number of countries, including the United Kingdom, the United States of America, Canada and New Zealand. These international information exchanges may involve the sharing of personal identifiers, including facial images and fingerprint data, collected by immigration agencies such as this department. If, as a result of this sharing between countries, there is a match with your personal identifiers, the department may disclose your biographical data, copies of travel and other identity documents or information from such documents, your immigration status and immigration history (which may include any immigration abuse and offences) and any criminal history information relevant to immigration purposes. The purpose of such disclosure would be to help confirm your identity and determine if you have presented to the department and the other agency under the same identity and with similar claims.

The department will not disclose your identifying information to the foreign country in respect of which your Protection visa application is made, unless:

•you have requested or agreed to return to the foreign country in respect of which your application is made; or

•your application for a Protection visa has been refused and the application is finally determined (within the meaning of subsection 5(9) of the Act).

Details of your protection claims will not be passed on to the authorities of your home country or their representatives.

The Privacy Act and the Migration Act

The collection, access, storage, use and disclosure by the department of the information you provide in this form is governed by the Privacy Act 1988 and, in particular, by the 11 Information Privacy Principles. The collection, access, storage, use and disclosure by the department of your identifying information is governed by Part 4 of the Migration Act 1958. The information forms 993i Safeguarding your personal information and 1243i Your personal identifying information give further details of how your personal information might be used and your rights under Australian law if you believe the department has wrongly collected or handled your information.

Accessing your personal information

Under the Freedom of Information Act 1982 you can apply for access to documents containing your personal information. You or someone authorised to access information on your behalf can apply for this at any office of the department in Australia. There is no fee for accessing your own information. If you are overseas, you must provide an address in Australia to which copies of documents or other records can be sent. More information on how to make a request under the Freedom of Information Act 1982 is given on form 424A Request for access to documents and/or information.

Getting help with your application

Help with English

You can use an interpreter or translator to help prepare your application. Your local office of the department, or a Migrant Resource Centre, or other community groups who are involved with refugee and protection matters will be able to tell you how to get help in your language. You can also call the Translating and Interpreting Service (TIS) on 131 450.

Immigration Advice and Application Assistance Scheme (IAAAS)

The IAAAS gives free, professional migration advice and application assistance to eligible clients.

For more detailed information about eligibility and assistance provided under the scheme, you should read Fact sheet 63 Immigration Advice and Application Assistance Scheme (IAAAS) www.immi.gov.au/media/fact-sheets

Immigration assistance

A person gives immigration assistance to you if he or she uses, or claims to use, his or her knowledge or experience in migration procedure to assist you with your visa application, request for ministerial intervention, cancellation review application, sponsorship or nomination.

In Australia a person may only lawfully give immigration assistance if he or she is a registered migration agent or is exempt from being registered. Only registered migration agents may receive a fee or reward for providing immigration assistance.

If an unregistered person in Australia, who is not exempt from registration, gives you immigration assistance they are committing a criminal offence and may be prosecuted.

Migration agents in Australia

Migration agents in Australia must be registered with the Office of the Migration Agents Registration Authority (Office of the MARA) unless they are exempt from registration.

Migration agents outside Australia

Migration agents who operate outside Australia do not have to be registered. The department may give some overseas agents an ID number. This number does not mean that they are registered.

Note: Some Australian registered migration agents operate overseas.

Migration agent information

A migration agent is someone who can:

•advise you on the visa that may best suit you;

•tell you the documents you need to submit with your application;

•help you fill in the application and submit it; and

•communicate with the department on your behalf.

If you appoint a migration agent, the department will assume that your migration agent will be your authorised recipient, unless you indicate otherwise.

Your migration agent will be the person with whom the department will discuss your application and from whom it will seek further information when required.

You are not required to use a migration agent. However, if you use a migration agent, the department encourages you to use a registered migration agent. Registered agents are bound by the Migration Agents Code of Conduct, which requires them to act professionally in their clients’ lawful best interests.

Information on migration agents, including a list of registered migration agents, is available on the Office of the MARA website www.mara.gov.au

You can also access information about migration agents on the department’s website www.immi.gov.au

Warning: Unfortunately some visa applicants have been victims of scams, paying large sums of money to fraudulent immigration advisors who promise guaranteed visas. Avoid people who claim to be representatives of the department or who encourage you to lie in your application.

No one can guarantee that you will receive a Protection visa, or that your application will be fast-tracked. To find out if a person is a registered migration agent see the Office of the MARA website www.mara.gov.au

Exempt persons

The following people do not have to be a registered migration agent in order to provide immigration assistance, but they must not charge a fee for their service:

•a close family member (spouse, de facto partner, child, parent, brother or sister);

•a member of parliament or their staff;

•an official whose duties include providing immigration assistance (eg. a Legal Aid provider);

•a member of a diplomatic mission, consular post or international organisation.

Appointing a migration agent/exempt person

To appoint a migration agent/exempt person you should complete Options for receiving written communications in Part B on page 9 of this form.

Your migration agent/exempt person should complete form 956 Advice by a migration agent/exempt person of providing immigration assistance.

Form 956 is available from the department’s website

www.immi.gov.au/allforms/

Options for receiving written communications

If you do not appoint a migration agent/exempt person you may still authorise another person, in writing, to receive written communications on your behalf. This person is called the authorised recipient.

Authorised recipient information

All written communication about your application will be sent to your authorised recipient, unless you indicate that you wish to have health and/or character information sent directly to you.

The department will communicate with the most recently appointed authorised recipient as you may only appoint one authorised recipient at any time for a particular application.

You will be taken to have received any documents sent to that person as if they had been sent to you.

To appoint an authorised recipient you should complete:

•Options for receiving written communications in Part B on page 9 of this form; and

•form 956A Appointment or withdrawal of an authorised recipient.

Note: Migration agents/exempt persons do not need to complete form 956A.

Form 956A is available from the department’s website

www.immi.gov.au/allforms/

Consent to communicate electronically

The department may use a range of means to communicate with you. However, electronic means such as fax or e-mail will only be used if you indicate your agreement to receiving communication in this way.

To process your application the department may need to communicate with you about sensitive information, for example, health, police checks, financial viability and personal relationships. Electronic communications, unless adequately encrypted, are not secure and may be viewed by others or interfered with.

If you agree to the department communicating with you by electronic means, the details you provide will only be used by the department for the purpose for which you have provided them, unless there is a legal obligation or necessity to use them for another purpose, or you have consented to use for another purpose. They will not be added to any mailing list.

The Australian Government accepts no responsibility for the security or integrity of any information sent to the department over the internet or by other electronic means.

If you authorise another person to receive documents on your behalf and they wish to be contacted electronically, their signature is required on form 956 or 956A to indicate their consent to this form of communication.

Note: Electronic communication is the fastest means of communication available and the department prefers to communicate electronically because this results in faster processing.

Your status while your application is processed

Acknowledgment

When the department receives your application we will send you an acknowledgment. The letter acknowledging receipt of your application will give details of the phone number and address which you may use if you need to contact the department.

Note: If you contact the department by phone, only limited information about your application will be given to ensure your private details are not given to others.

This form also serves as an application for a bridging visa if you are able to make a valid application for a bridging visa.

¥A bridging visa will give you lawful status in Australia while your application is being processed.

¥If you arrived in Australia unlawfully and were not immigration cleared and you are in detention, you may be unable to make a valid application for a bridging visa.

¥You must also meet certain criteria to be granted a bridging visa. If you do not meet these requirements, you cannot be granted a bridging visa, even if your application is valid.

¥If you are granted a bridging visa whilst you are the holder of a substantive visa that has not yet expired, the bridging visa will not come into effect until your substantive visa ceases.

Further information about bridging visas is provided in the information form 1024i Bridging visas.

Additional information

If you have new information related to your application, you should send it to the department as soon as possible so that it can be considered with your application.

A decision on your application will be made on the basis of all the information you provide to the department before the decision is made, and in accordance with the requirements of the Migration Act 1958 and Migration Regulations 1994.

If you are waiting for evidence or documents from overseas or translations of documents to support the claims you have made, please indicate this clearly at Question 14 of Part B of the application form.

Note: A decision may be made on the basis of the application and information you have provided with it, without waiting for your additional information or documents.

Incorrect answers given

If you think you have given an incorrect answer on your application, you must notify the department and provide the correct information by completing form 1023 Notification of incorrect answers.

Interviews and requests for more information

The department will advise you in writing if you are required to attend an interview. You will be invited to attend an interview only if the case manager decides it is necessary.

The department will also advise you in writing if more documents or information is required to make a decision.

Note: You may be asked to make an oath or affirmation that the information you provide is true.

Eligibility for Medicare and Work Rights

An applicant for a Protection (Class XA) visa may be eligible for medical assistance through Medicare provided they hold a valid temporary visa, including a bridging visa, and have permission to work. Eligibility for a bridging visa with permission to work will be determined primarily by the applicant s immigration status at the time of lodging the Protection visa application. Further information about eligibility for a bridging visa with permission to work is provided in the information form 1024i Bridging visas. As well, since 1 January 2001, people who apply for a Protection (Class XA) visa are not eligible for Medicare if they have ever applied for a parent visa, either on-shore or off-shore.

The Asylum Seeker Assistance Scheme

As an applicant for a protection visa, you may be eligible to receive support under the Asylum Seeker Assistance Scheme (ASAS).

ASAS provides limited financial support and other support services to asylum seekers who meet the ASAS eligibility criteria. The purpose of ASAS is to help asylum seekers who are experiencing financial hardship to meet their basic needs while they are waiting for an outcome on their application for protection.

Further information about ASAS can be found in Fact Sheet 62 Assistance for Asylum Seekers in Australia.

STEP 1

Note: All the people included in this application must be in Australia at the time of application.

Your application should be lodged as soon as possible after your arrival in Australia, or as soon as possible after an event which results in you seeking Australia’s protection.

You will need:

•a Part B for all persons included in the application; and

•a Part C for each person who has their own claims for protection (all members of the same family unit who have their own claims are encouraged to put them forward by completing their own Part C. Individuals in a family can ask the department to assess their claims separately); or

•a Part D for each other member of the same family unit who does not have their own claims but is to be included in this application on the basis of their membership of the same family unit.

If a family unit is applying, more copies of Part C and Part D may be required. You can get more copies from the department. You can also photocopy Part C and Part D before you fill it in.

STEP 2

Carefully read this part and other parts of the application form before you start to fill them in. There is much detailed information you have to give on the application form, and you have to supply many supporting documents.

If you do not have the required documents or information, you should take immediate steps to obtain them to include in your application.

If you have the following documents you must supply originals and certified copies of the originals (see Who can certify my documents? on page 3):

•all pages of passports and other travel documents held by all the people in the application, including the documents used to enter Australia; and

•birth certificates or notarial certificates for each person in this application.

Where applicable, members of a family unit must also provide originals and certified copies of the following documents:

•for spouse, a marriage certificate;

•for de facto partner, documents of financial assets or undertakings in both names, and any other evidence that it is a genuine on-going relationship;

•for a dependant aged 18 or over, evidence that the person is dependent on you (such as bank drafts, medical reports, statements from medical or educational establishments, or from other family members, or evidence of residence at the same address); and

•evidence of any change of name.

You may also provide any other documents which are relevant to your application.

Original documents will be returned to you, while the certified copies will be retained by the department.

Documents in a language other than English should be accompanied by an English translation completed by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). You should ask the translator for evidence of their NAATI accreditation, and attach it to the translation.

If you are unable to provide any of these documents with your application, you should explain why these documents cannot be supplied with your application. If available, you can provide alternative documentation instead.

You are expected to provide documentary evidence of your identity, nationality and/or citizenship. If you cannot do so, and cannot provide a reasonable explanation of why you cannot, this may lead to doubts about your claimed identity, nationality and/or citizenship.

If you do not provide documents to support your application, a decision may be made without them.

For future reference, you may wish to list the documents that you send with your application and any that you wish to send later.

STEP 3

Complete your application. If possible, each person in the application over the age of 18 should provide their own details for Part B and complete their own Part C or Part D.

Provide all the information requested. If you need more space, attach a sheet of paper giving the required information. You should include the part (Part B etc.) and the question number to which the information refers, and sign each additional sheet.

Remember to answer all questions. Failure to answer all questions may result in your application being invalid.

STEP 4

Use the Application checklist on page 8 to check that you have done everything required, and have included all the documents you need to supply with your application.

STEP 5

It is recommended that you make an appointment to lodge your application in person at an office of the department and provide the digital photograph and fingerprints at this time. You can contact the department on 131 881.

When you lodge your application, you should also attach a recent passport sized photograph of yourself and each other person included in your application. You should also ensure that your application is signed in accordance with the instructions on the form.

When you lodge your application, you must pay the Visa Application Charge (VAC). For a family unit, this one charge covers all the people included in the application. If a member of the same family unit wishes to lodge a separate application, they must pay the VAC separately.

If you are in immigration detention and have not been immigration cleared, you do not have to pay a VAC.

Visa Application Charges may be subject to adjustment on 1 July each year.

Payment must accompany your application and is generally not refunded if the application is unsuccessful. To check the Visa Application Charge, refer to the department's website www.immi.gov.au/fees-charges or check with the nearest office of the department. To make a payment, please pay by credit card, debit card, bank cheque or money order made payable to the Department of Immigration and Citizenship. Debit card and credit card are the preferred methods of payment.

Change of circumstances

If your circumstances change after you lodge your application (for example, you get married or the composition of your family unit changes), you must inform us of the new circumstances by completing form 1022 Notification of changes in circumstances.

How do I lodge my application?

You can lodge your Protection visa application with any office of the department.

Addresses of all Australian offices are available on the department’s website at www.immi.gov.au/contacts

It is recommended that you make an appointment to lodge your application in person at an office of the department and provide your personal identifiers at the same time. All people included in this application should attend this appointment to provide personal identifiers.

To make an appointment, please call 131 881 during business hours in Australia.

For more information on:

•how to make an appointment to lodge your application;

•personal identifiers; and

•what to do if you are unable to lodge your application in person;

please see www.immi.gov.au/visas/humanitarian or call the general enquiry line on 131 881 during business hours in Australia.

Application checklist

Use this checklist before you lodge your application.

Have you answered all questions in Part B?

In Question 1 of Part B, have you listed all the members of your family unit who are to be included in this application?

Have all the persons aged 18 years or over, who are included in your application, answered and signed the declaration at the end of Part B?

Have you signed Part B on behalf of any members of your family unit who are under 18 years of age?

Has each person making their own claims for protection completed a Part C, answered all questions and signed the declaration at the end?

Has each other member of your family unit aged

18 years or over, who is included in this application, completed a Part D, answered all questions and signed the declaration at the end?

Have you completed a Part D, answered all questions and signed on behalf of any members of your family unit who are under 18 years?

Has each person, who is included in this application, provided a recent passport quality passport size photograph?

Please keep these information pages for your reference

Has each person aged 18 or over, who is included in your application, signed the Australian Values Statement in Parts C or D?

If you have attached sheets of paper which give additional information, have you stated the part (Part B etc.) and question number to which the information relates, and signed each additional sheet?

Have you provided certified copies of all pages of passports and other travel documents held by all persons in the application, including the documents they used to enter Australia?

Have you provided certified copies of birth certificates or notarial certificates for each person in this application, and marriage certificates (or other evidence of the relationship between each person in the application)?

Have you provided any additional documents which support your application?

Have you listed documents which are attached to your application and/or which you will provide separately?

If you have not provided documents, have you explained why?

If applicable, has your interpreter filled in and signed the interpreterÕs declaration?

If applicable, has your migration agent filled in and lodged form 956 Advice by a migration agent/exempt

person of providing immigration assistance?

If applicable, have you filled in and lodged form 956A Appointment or withdrawal of authorised recipient?

Have you made an appointment to lodge your application and provide your personal identifiers at an office of the department?

Have you provided a bank cheque, or your debit card or credit card details for the application fee?

Do you need further information?

This is a general guide to completing your application. Information given on this form is based on the Migration Act 1958 and Regulations as they apply at the time this form was printed. Further information can be obtained from any office of the Department of Immigration and Citizenship.

Home page www.immi.gov.au

General Telephone 131 881 during business hours enquiry line in Australia to speak to an operator (recorded

information available outside these hours). If you are outside Australia, please contact your nearest Australian mission.