Refugee & Humanitarian Visas

Australia’s offshore Refugee Visa program may assist people who are outside Australia and are subject to persecution in their home country.

The Department of Home Affairs considers offshore refugee applications across the following visa categories:

• Refugee Visa (Subclass 200): For people referred to Australia for resettlement.
• In-country Special Humanitarian Visa (Subclass 201): For certain people still living in their home country who have been unable to leave.
• Emergency Rescue Visa (Subclass 203): For people requiring urgent resettlement due to immediate risk to their life or liberty.
• Woman at Risk Visa (Subclass 204): For eligible women living without the protection of a partner or relative and facing a risk of victimisation.

Eligibility may involve requirements relating to persecution, compelling reasons, health, character and national security.

The Global Special Humanitarian Visa (Subclass 202) is an offshore pathway for eligible people who are outside Australia and living outside their home country.

It may be relevant where a person has experienced substantial discrimination in their home country amounting to a gross violation of human rights.

Applicants generally need to be proposed by an Australian citizen, Australian permanent resident, eligible New Zealand citizen or an organisation based in Australia. The appropriate pathway will depend on the applicant’s individual circumstances and available supporting evidence.

The Protection Visa (Subclass 866) is an onshore permanent protection pathway that may be available to eligible people who arrived in Australia lawfully and engage Australia’s protection obligations.

A Protection Visa application must be based on a genuine need for protection. The Department of Home Affairs assesses each application against detailed legal criteria, including the applicant’s circumstances, claims and supporting evidence.

It is important to seek appropriate advice before lodging an application, as an unsuccessful application can have serious immigration consequences.

For certain people who arrived in Australia without a valid visa, temporary protection pathways may be relevant depending on their arrival history and individual circumstances.

• Temporary Protection Visa (Subclass 785): A temporary protection pathway for eligible applicants.
• Safe Haven Enterprise Visa (Subclass 790): A temporary protection pathway with specific requirements and conditions.
• Resolution of Status Visa (Subclass 851): May be relevant for some current or former Temporary Protection Visa or Safe Haven Enterprise Visa holders.

Eligibility for these pathways is complex and should be assessed carefully against current Department of Home Affairs requirements.

In some circumstances, immediate family members in Australia may be able to propose an eligible family member for an offshore humanitarian visa through a split family application.

Whether this is available depends on the proposer’s visa status, the family relationship, when the relationship was declared and other specific legislative requirements.

We can help you assess whether a family reunification pathway may be available and identify the information required before an application is commenced.