Refugee & Humanitarian Visas

This permanent visa is part of the offshore humanitarian program and is available to individuals outside Australia who are living outside their home country and are subject to substantial discrimination amounting to a gross violation of their human rights. 

Key features and benefits:

• Permanent residence in Australia once granted, with rights to live, work and study. 

• Access to Medicare and other settlement support; family members may be included in application.

• Must be proposed by an Australian citizen, permanent resident or eligible New Zealand citizen—or an approved organisation based in Australia. 
   

Considerations:

• Applicant must be living outside their home country at time of application. 

• Significant discrimination must be shown—this is a high-threshold visa option for those in serious humanitarian need.

These offshore visas are part of Australia’s Offshore Refugee and Humanitarian Program (ORHP), and cater to people outside their home country (and in some cases in their home country) who face persecution or early-stage resettlement needs. 

Brief overview:

• Subclass 200 (Refugee visa): For people outside their home country who are subject to persecution. 

• Subclass 201 (In-country Special Humanitarian): For people who remain in their home country and are subject to persecution.

• Subclass 203 (Emergency Rescue): For people under immediate threat who need urgent, accelerated resettlement. 

• Subclass 204 (Woman at Risk): For women outside their home country who have no protection of male relative and face serious abuse because of their gender. 

Key benefits:

• Grant of permanent residence for successful applicants.

• Opportunity for family unit inclusion where eligible. 

• Highly competitive and with limited places each year. 

​​

Considerations:

• Strict eligibility: persecution, human rights abuses, or being without protection must be clearly demonstrated.

• Processing and referral often involve cooperation with United Nations High Commissioner for Refugees (UNHCR) for offshore streams. Immigration Advice and Rights Centre

This visa is a temporary protection visa available to some people who arrived in Australia without a valid visa and are thus eligible for protection. 

Key features:

• Valid for up to five years; during this period you can live, work and study in Australia. 

• Access to Medicare, some support services and free English classes (in many cases). 

• Holders of a SHEV (Subclass 790) who meet certain criteria may apply for the permanent RoS (Resolution of Status) Visa – Subclass 851. 

​​

Considerations:

• Not initially a pathway to permanent residence unless converted via Subclass 851 under eligible conditions.

• Applicants usually entered Australia without a visa or were not immigration-cleared. 

This onshore permanent visa is for people in Australia who arrived on a valid visa and are at risk of persecution or serious harm if they return to their home country. 

​

Key features and benefits:

• Grants permanent residency if successful: live, work, study indefinitely in Australia. 

• Pathway to Australian citizenship once residency and other criteria are met. 

• Covers risks if you are a refugee (under the 1951 Convention) or meet Australia’s Complementary Protection criteria. 
   

Considerations:

• Only available to people in Australia on a valid visa at the time of application. 

• Requires strong evidence of risk of persecution, health, character and security checks. 

• Travel back to your home country after grant may jeopardise your protection claim and visa.

This visa is a temporary protection pathway for people who arrived in Australia without a valid visa and are found to be owed protection obligations.

Key features:

• Allows stay in Australia for a limited period (typically up to 3 years) while protection needs are assessed. 

• Work rights, access to Medicare and some government services under conditions. 
   

Considerations:

• Does not lead directly to permanent residence. 

• Applicants must meet protection criteria but arrived without a valid visa or were not immigration-cleared. 

The Subclass 851 visa is a permanent protection visa that provides a pathway to permanent residence for certain holders of Temporary Protection Visas (TPV - subclass 785) or Safe Haven Enterprise Visas (SHEV - subclass 790) who arrived before 14 February 2023. 

Key features and benefits:

• Once granted, holders enjoy the full rights of a permanent resident: live, work, study indefinitely in Australia; access Medicare and social services; and may apply for citizenship if eligible. 

• The application process is less onerous than initial protection claims—primarily confirming eligibility criteria rather than re-evaluating protection claims. 

​​

Considerations:

• Only available to those who held TPV or SHEV and arrived before the cut-off date. 

• Important to meet character, health and security checks and not have had previous visa refusals or cancellations.