Australian Refugee and humanitarian visas

Australia provides various Refugee and Humanitarian visas to support and protect individuals who are displaced, persecuted, or in need of humanitarian assistance. These visas demonstrate Australia’s commitment to its international obligations under refugee law, including the 1951 Refugee Convention and its 1967 Protocol. Below is an outline of the key visa categories within Australia’s refugee and humanitarian program.

## 1. Refugee and Humanitarian Program

The program is divided into two primary components:

### a) Offshore Component

This is designed for individuals outside Australia who cannot return to their home country due to persecution, conflict, or other serious threats.

### b) Onshore Component

This supports individuals already in Australia who are seeking asylum and protection.

## 2. Offshore Humanitarian Visas

These visas cater to those outside Australia who require protection and meet the eligibility criteria. The offshore program includes pathways for refugees referred by the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian cases.

### a) Refugee Visa (Subclass 200)

- Who is it for?

- Individuals facing persecution in their home country and in need of resettlement.

- Often referred by the UNHCR.

- Key Features:

- Permanent residency in Australia.

- Rights to live, work, and study.

- Access to Medicare and social security benefits.

### b) In-Country Special Humanitarian Visa (Subclass 201)

- Who is it for?

- People still residing in their home country who are unable to leave and face persecution.

- Key Features:

- Permanent residency in Australia.

- Rarely granted due to difficulties processing applications from the applicant’s home country.

### c) Global Special Humanitarian Visa (Subclass 202)

- Who is it for?

- People outside their home country experiencing severe discrimination or human rights abuses.

- Requires a sponsor from an Australian citizen, permanent resident, or eligible organization.

- Key Features:

- Permanent residency in Australia.

- Support and sponsorship from a proposer in Australia.

### d) Emergency Rescue Visa (Subclass 203)

- Who is it for?

- Individuals facing immediate and grave danger to their life or freedom in their home country.

- Key Features:

- Permanent residency in Australia.

- Priority processing due to the urgent nature of their situation.

### e) Woman at Risk Visa (Subclass 204)

- Who is it for?

- Women outside their home country without the protection of a male relative and at risk of abuse, harassment, or victimization.

- Key Features:

- Permanent residency in Australia.

- Focused on ensuring the safety of vulnerable women and their dependents.

## 3. Onshore Protection Visas

These visas are available to individuals already in Australia who seek asylum and claim protection under international law.

### a) Protection Visa (Subclass 866)

- Who is it for?

- People in Australia who meet the Refugee Convention’s definition of a refugee or are eligible for complementary protection.

- Applicants must demonstrate that returning to their home country poses a risk of persecution or significant harm.

- Key Features:

- Permanent residency in Australia.

- Rights to live, work, and study.

- Access to Medicare and social security benefits.

- Subject to health, character, and security checks.

## 4. Temporary Protection Visas (TPVs)

Designed for asylum seekers who arrive in Australia without valid visas but are found eligible for protection.

### a) Temporary Protection Visa (Subclass 785)

- Who is it for?

- Asylum seekers who meet Australia’s protection obligations but entered the country without a valid visa.

- Key Features:

- Temporary visa valid for three years.

- Rights to live, work, and study.

- No pathway to permanent residency.

### b) Safe Haven Enterprise Visa (SHEV) (Subclass 790)

- Who is it for?

- Asylum seekers who arrived without a valid visa and intend to work or study in regional Australia.

- Key Features:

- Temporary visa valid for five years.

- Requires the holder to live, work, or study in designated regional areas.

- Offers a possible pathway to permanent residency under certain conditions, such as working in regional areas for at least 3.5 years.

## 5. Community Support Program (CSP)

This program allows Australian individuals, organizations, or businesses to sponsor refugees and humanitarian entrants.

- Who is it for?

- Refugees and humanitarian entrants meeting the criteria for resettlement in Australia.

- Key Features:

- Sponsors provide financial and settlement support.

- Focuses on refugees with employment skills to assist with their integration into the workforce.

## 6. Complementary Protection

This option is for individuals who do not meet the Refugee Convention’s strict definition of a refugee but are at risk of serious harm if returned to their home country. These risks may include:

- Torture.

- Arbitrary loss of life.

- Cruel, inhuman, or degrading treatment or punishment.

Candidates for the Protection Visa (Subclass 866) may qualify for complementary protection.

## 7. Family Reunion under the Humanitarian Program

- Refugees and humanitarian visa holders may sponsor eligible family members for resettlement in Australia under the Global Special Humanitarian Visa (Subclass 202).

- Sponsored family members must demonstrate they face significant human rights abuse or discrimination in their home country.

## 8. Eligibility and Application Process

### Eligibility Criteria

- Applicants must prove they face persecution or serious harm in their home country.

- All applicants need to meet Australian health, character, and security standards.

- Certain offshore visas may require a UNHCR referral or an Australian sponsor.

### Application Process

1. Check Eligibility: Verify your eligibility for the relevant visa.

2. Submit the Application: Complete the required forms for your visa type.

3. Provide Documentation: Include evidence of persecution, identity proof, and other supporting materials.

4. Processing Time: Timelines vary based on visa type and individual circumstances.

5. Decision: If approved, applicants can travel to or stay in Australia.

## Rights and Benefits of Refugee and Humanitarian Visa Holders

- Permanent visa holders (e.g., Subclass 200, 201, 202, 203, 204, and 866) receive:

- Permanent residency.

- Access to Medicare (Australia’s healthcare system).

- Social security benefits via Centrelink.

- Work and study rights.

- Settlement support services.

- Temporary visa holders (e.g., Subclass 785 and 790) receive:

- Temporary protection.

- Work and study rights.

- Limited access to government assistance.

## Key Considerations

- Each year, the Australian government sets a quota for its Refugee and Humanitarian Program.

- Applications are prioritized based on vulnerability, with a focus on women at risk, children, and individuals requiring urgent protection.

- Asylum seekers arriving without valid visas may face restrictions on visa eligibility.