Refugee visa
REFUGEE/ASYLUM/PROTECTION/ HUMANITARIAN VISA
Protection law is the most complex area of immigration law and had given rise to more litigation in the courts than all other areas of immigration laws combined. As specialists in this area we maintain extensive databases of decisions and applicable country information which assists case officers to make the most accurate assessment on the case of our clients.
Seeking Protection in Australia
Australia provides protection for asylum seekers who:
- meet the United Nations definition of a refugee, as defined in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (Refugees Convention)
- are owed protection under other international human rights treaties and conventions which give rise to complementary protection obligations.
The Refugee Convention
Australia is one of 147 signatory countries to the Refugees Convention.
The Refugees Convention defines a refugee as a person who:
The Refugees Convention defines a refugee as a person who:
- is outside their country of nationality or their usual country of residence
- is unable or unwilling to return or to seek the protection of that country due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion
- is not a war criminal and has not committed any serious non-political crimes or acts contrary to the purposes and principles of the United Nations
Complementary Protection
From 24 March 2012, complementary protection claims have been considered as part of the protection visa assessment process. Complementary protection is the term used to describe a category of protection for people who are not refugees but cannot be returned to their home country, in line with Australia’s international obligations, because there is a real risk that the person will suffer certain types of harm.
How claims are assessed
Applications for protection visas are assessed by trained departmental officers.
All claims for protection are assessed confidentiality on an individual basis against the criteria contained in the Refugees Convention and the complementary protection criteria, in accordance with Australian legislation, case law and up-to-date information on conditions in the applicant’s country of origin.
People who are found to be owed protection are eligible for the grant of a protection visa in Australia, provided they satisfy health, character and security checks.
All claims for protection are assessed confidentiality on an individual basis against the criteria contained in the Refugees Convention and the complementary protection criteria, in accordance with Australian legislation, case law and up-to-date information on conditions in the applicant’s country of origin.
People who are found to be owed protection are eligible for the grant of a protection visa in Australia, provided they satisfy health, character and security checks.
1. Protection visas (onshore)
Permanent protection
If you arrived in Australia legally, you can apply for a Protection visa (subclass 866).
Temporary Protection
If you arrived in Australia illegally, you may be able to apply for a Temporary Protection visa (TPV) (subclass 785) or a Safe Haven Enterprise visa (SHEV) (subclass 790).
If you have already applied for a TPV or a SHEV, you need to wait for the outcome of that application.
TPV and SHEV holders If you currently hold a Temporary Protection visa (subclass 785) or a Safe Haven Enterprise visa (subclass 790) you must apply for a subsequent TPV or SHEV before your current visa ceases.
More information is available about applying for a subsequent temporary protection visa.
If you arrived in Australia legally, you can apply for a Protection visa (subclass 866).
Temporary Protection
If you arrived in Australia illegally, you may be able to apply for a Temporary Protection visa (TPV) (subclass 785) or a Safe Haven Enterprise visa (SHEV) (subclass 790).
If you have already applied for a TPV or a SHEV, you need to wait for the outcome of that application.
TPV and SHEV holders If you currently hold a Temporary Protection visa (subclass 785) or a Safe Haven Enterprise visa (subclass 790) you must apply for a subsequent TPV or SHEV before your current visa ceases.
More information is available about applying for a subsequent temporary protection visa.
2. Refugee visas (offshore)
To be eligible for the refugee visas you must:
- be outside Australia (offshore)
- be subject to persecution in your home country
- meet the ‘compelling reasons’ criterion
- meet health, character and national security requirements
You can apply for 1 of 4 refugee visa subclasses:
- Refugee (subclass 200) for people who the United Nations High Commissioner for Refugees (UNHCR) has referred to Australia for resettlement
- In-country Special Humanitarian (subclass 201) for people who are still living in their country and have been unable to leave
- Emergency Rescue (subclass 203) for people who the UNHCR has referred to Australia as they are in immediate danger
- Woman at Risk (subclass 204) for women who do not have the protection of a partner or a relative and are in danger of victimisation
The visa pages have information about how the Australian Government will help you:
- prepare for travel to Australia
- prepare for life in Australia
- settle in the Australian community
Priority processing
We give priority to the most vulnerable applicants. This includes those that are:
We give priority to the most vulnerable applicants. This includes those that are:
- 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 hold 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 the most compelling circumstances only.
Rejoin your split family
If your immediate family members are already in Australia they may help bring you to Australia by ‘proposing’ your visa application.
We call this a ‘split family’ application. We give split family applications special consideration.
An immediate family member may include your:
Rejoin your split family
If your immediate family members are already in Australia they may help bring you to Australia by ‘proposing’ your visa application.
We call this a ‘split family’ application. We give split family applications special consideration.
An immediate family member may include your:
- spouse or de facto partner (including same-sex partner)
- dependent child or stepchild
- parent or step-parent if you are younger than 18
Your immediate family members in Australia are only eligible to propose your split family application if they hold:
- Refugee visa (subclass 200, 201, 202, 203, 204)
They must also:
- have been a member of your immediate family when we granted their visa
- have told us about your relationship before we granted their visa
- still be a member of your family
- propose your visa application within 5 years of us granting their visa
Illegal Maritime Arrivals who arrived in Australia on or after 13 August 2012 may not propose applications for family members.
