Have arrived in Australia legally
You must have arrived in Australia on a valid visa and be immigration cleared on arrival.
You can’t make a valid application for this visa if you are an unauthorised maritime arrival.
Be a refugee or engage Australia’s complementary protection criteria
As defined by the Migration Act 1958 (Migration Act), in order to engage Australia’s protection obligations you must:
- be a refugee or
- meet the complementary protection criteria
Australia must not return people to their home country where there is a risk that the person may suffer harm because they engage Australia’s protection obligations.
To find out what it means to be a refugee and meet the complementary protection criteria.
Not be barred from lodging a permanent protection visa application
You can’t make a valid permanent protection visa application if you:
- have been refused a protection visa since your last arrival to Australia, or
- have had a protection visa cancelled since your last arrival to Australia, or
- are a national of 2 or more countries, or
- have protection in a prescribed safe third country
The Minister has the power to lift any application bar if it is determined to be in the public interest.
We will let you know if an application bar affects your Permanent Protection visa application.