Refugee & Humanitarian Visas

Subclass 866

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.

Subclass 785

This visa is for people who arrived in Australia without a valid visa, and want to apply for protection. It lets you stay in Australia temporarily if you engage Australia’s protection obligations and meet all other requirements for the visa

  • you apply for the visa in Australia
  • you engage Australia’s protection obligations

Subclass 790

This visa is for people who arrived in Australia illegally and want to apply for protection. It lets you stay in Australia temporarily if you engage Australia’s protection obligations and meet all other requirements for the visa

  • you apply for the visa in Australia
  • you engage Australia’s protection obligations
  • you or a member of your immediate family in Australia included in your SHEV application intend to work or study in a SHEV regional area
  • you may be able to apply for certain visas in Australia if you meet the SHEV pathway requirements and the requirement for your preferred visa

Subclass 200, 201, 203 and 204

With these visas you can move to Australia if you are subject to persecution in your home country. These visas allow you and your family to live, work and study indefinitely in Australia.

  • You usually need to be referred to us by the United Nations High Commissioner for Refugees (UNHCR)
  • The Australian Government will pay for your travel and other costs before you arrive in Australia, including medical examinations and cultural orientation overseas
  • Stay in Australia permanently with your immediate family

Priority processing

We give priority to most vulnerable applicants:

  • assessed as refugees by United Nations High Commissioner for Refugees (UNHCR), and
  • referred to Australia for resettlement, or
  • proposed by an immediate family member (for example, spouses and minor aged children) who has a Refugee category visa (subclasses 200,201,203 or 204)

Because of the limited number of resettlement places available each year and the high demand for them, we accept applicants in most compelling circumstances only.

Subclass 202

With this visa you can move to Australia if you face substantial discrimination or human rights abuses, and have a proposer, and stay in Australia permanently with your immediate family.

  • You must be outside Australia when you apply for this visa and you must be living outside your home country
  • We will not pay any travel costs for the visa holder

Cost

  • There is no visa application charge for this visa unless you are proposed under the Community Support Program by an Approved Proposing Organisation.
  • Processing Time
  • The decision process could take many months, or even years. The number of applications we receive for resettlement each year is far greater than available visas.

CSP
As an individual, business or community organisation, you can become part of our Community Support Program (CSP) and help someone in humanitarian need start a new life in Australia.

Through CSP you can support applicants and be matched with someone in need, help with a job offer, provide the skills necessary for someone in need to work, or provide financial support to help fund visas and other costs.

Get in touch with Nikjoo Lawyers

Your Sydney migration visa specialists
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