Australia provides humanitarian visas to individuals in need of protection. Here, we list the available subclasses of these visas, the general eligibility requirements, and the nuances of the application process.
What is a Humanitarian Visa in Australia?
Humanitarian visas in Australia offer protection and resettlement opportunities to people facing discrimination, gross violation of rights, or persecution based on race, religion, nationality, or membership of a particular social group.
Humanitarian visas have various subclasses that cater to different groups, such as onshore and offshore applicants, legal and illegal arrivals, refugees, and those seeking family visas for reunification. Each subclass has specific eligibility criteria and processes that applicants must meet.
Recipients can eventually apply to become Australian permanent residents and citizens.
Why Do People Apply for a Humanitarian Visa?
The primary motivation is the need for the applicants to escape their home countries for protection.
To Escape Persecution or Violence
Persecution refers to discriminatory practices, targeted violence, and other forms of oppression based on an individual’s identity or beliefs. For example, people who expose government corruption or speak against oppressive regimes often face severe reprisals. Similarly, members of religious or ethnic minorities may be subjected to attacks, extrajudicial killings, or accusations that can lead to death sentences.
Due to Significant Human Rights Abuses
Individuals apply for this visa due to severe rights violations like torture, sexual violence, gender discrimination, forced conscription by non-state militant groups, or ethnic cleansing. The granting of these visas is supported by international human rights charters and Australia’s legal frameworks.
For Family Reunification Purposes
The family reunification aspect of these visas is governed by the Migration Act 1958 and international human rights charters. Families may get separated due to conflicts or wars. These visas enable them to safely re-establish their lives in Australia.
Types of Humanitarian Visas in Australia
Different subclasses are available, each catering to specific circumstances. All mentioned visas allow holders to work, study, and live in Australia indefinitely.
Refugee Visa (Subclass 200)
The Subclass 200 Refugee Visa is usually granted to people who have been mandated as refugees by the UNHCR to the Department of Home Affairs.
Applicants must be outside Australia, submit compelling evidence, and meet Australia’s security requirements to be eligible. This permanent visa enables sponsorship of eligible family members for permanent residence and allows unrestricted travel to and from Australia for five years. The family members must also meet health and character standards and be declared at the time of application to be eligible for future visa considerations. Unauthorized maritime arrivals are not eligible.
You and your proposer must submit Form 681 and Form 842 with the application, which is free of charge. Priority is given to the most vulnerable applicants, including those endorsed by the UNHCR or proposed by an immediate family member holding a Refugee category visa.
In-Country Special Humanitarian Programme (Subclass 201)
The Humanitarian Subclass 201 is for applicants outside Australia but still in their home country facing difficult situations. You are entitled to 510 hours of free English language classes for integration. Unlike the refugee visa subclass 200, this visa allows you to visit your home country for five years. You can apply for a Resident Return Visa (RRV) to access your home country later. Applicants can also bring an eligible family member, like a dependent child or spouse, for permanent residency. The government makes all travel arrangements.
Global Special Humanitarian Visa (Subclass 202)
The Global Special Humanitarian Visa (Subclass 202) is for individuals subject to substantial discrimination and rights violations outside their home country but with a proposer in Australia. This permanent visa allows recipients to live, work, study in Australia, access public healthcare, and propose family members for permanent residency.
Priority is given if your proposer is an immediate family member who either holds a Class XB visa or is an Australian citizen. The application must be made from outside Australia and the visa applicant’s home country. Travel is enabled, and Australian citizenship is possible under specific conditions.
The visa applicant must arrange their travel to Australia, and the visa is digitally linked to the holder’s valid passport or travel document.
Protection Visa (Subclass 866)
The Protection Visa (Subclass 866) is a permanent visa offered to individuals seeking asylum in Australia. This visa recognizes refugees under the United Nations 1951 Convention, the Australian Migration Act 1958, the Status of Refugees, and its 1967 Protocol.
Subclass 866 allows applicants to stay in Australia indefinitely. Applicants cannot be considered for this visa if their previous visa has been refused or they have other protection visas. Temporary protection visas also exist.
Other subclasses include the Emergency Rescue Visa (Subclass 203) for individuals who need immediate evacuation and the Woman at Risk Visa (Subclass 204) for women in gender-based danger.
Applying for a Humanitarian Visa
You can submit applications through post, mail, or online.
The first step is identifying the right humanitarian subclass. Seeking immigration lawyers or legal help is highly recommended. Applications submitted for Refugee Visas are considered for all categories in Australia. You can either start the application yourself or ask someone to represent you.
The visa applicant needs to submit Form 842: Application for an Offshore Humanitarian visa, and create an ImmiAccount online at the Department of Home Affairs website for Protection Visa. Proponents must submit Form 681: Refugee and Special Humanitarian Proposal where applicable. There is no fee to apply. From Form 681 to Form 1417, the applications can be submitted via post to the Department of Home Affairs or lodged online.
Without a proposer, submit application Form 842 with relevant documents outside Australia at a diplomatic, consular, or migration office maintained on behalf of the Australian government. Make sure your application has:
- Two passport photographs of all applicants
- Certified copies of their passport, identity, or travel documents
- Reasons for seeking the visa should provide concrete evidence in medical records, police reports, testimonies, court orders, letters, photographs, or organization (e.g., Amnesty International or the Red Cross) statements.
- Evidence of any links with Australia
- Evidence of registration with the UNHCR, where applicable
The processing center assesses the applications and performs security checks for all claims regarding humanitarian circumstances. Thus, it is essential to remain truthful. A visa applicant may be invited to an interview or organized medical examination. We highly recommend seeking legal help for this step. If someone is making an application on your behalf, check everything before submission.
Eligibility Criteria for Humanitarian Visas
As a visa applicant, you must meet key eligibility criteria to qualify for a humanitarian visa.
- Be outside Australia for offshore visas: Most humanitarian visas require applicants to be outside Australia, except for the Protection Visa (Subclass 866) and other temporary protection visas.
- Facing persecution or significant human rights abuses: The visas are for those in need. Evidence for substantial discrimination is required as the basis of the application to ensure only genuine cases are helped. You should be able to back your claims with police reports, testimonies, human rights charters, news coverage, or medical reports. We recommended legal help due to the extensive documentation required.
- Meeting health, character, and national security requirements: Applicants must pass comprehensive health checks to ensure they do not pose a public health risk. After application submission, health examinations may be organized. Australian and international security agencies also conduct character assessments to verify background and intentions.
Benefits of Holding a Humanitarian Visa
A humanitarian visa in Australia provides several significant benefits that enhance the quality of life and integration opportunities:
- Right to live and work in Australia: Humanitarian visa holders are protected under the same workplace laws as Australian citizens and can access social security benefits.
- Access to healthcare: Holders can assess Medicare, Australia’s public healthcare system.
- Access to education: Educational opportunities are readily available to humanitarian visa recipients, including access to public schooling for children and language classes for adults. Adult education programs may also include skills training.
- Possibility of applying for Australian citizenship: After meeting certain residency and character requirements for the Australian community, refugee and humanitarian visa holders may apply for citizenship.
Challenges in the Application Process
While each subclass visa has its application process and challenges, applicants share some common concerns:
Lengthy Processing Times
One of the most significant challenges is the potential for lengthy processing times. Applicants may face long waits, varying from several months to several years, depending on the visa subclass, the complexity of individual cases, and external factors affecting application volumes.
Visas for urgent protection (Subclass 203) are given priority due to the immediate danger. Comparatively, visas for family reunification (Subclass 204) might take longer due to the need to verify family relationships and other documentation.
External factors also play a significant role in the processing times. High volumes of applications can lead to delays, particularly if there is a sudden influx due to emerging global crises.
Complex Application Process
The application process demands detailed documentation to prove eligibility. Applicants must provide comprehensive proof, such as police reports, testimonies, medical records, and threats. This requirement for thorough documentation adds a challenge for those with limited access to necessary records or in unstable circumstances.
Limited Visa Places Available Annually
Another hurdle is the limited number of visa places available yearly, which is determined by the Australian government’s quotas. These quotas restrict how many individuals can be granted protection annually, making the process highly competitive. Not everyone who applies will receive a visa, contributing to many applicants’ prolonged waiting periods and uncertainty.
Humanitarian Visas for Australia
Under the Refugee Convention, Australia provides humanitarian resettlement opportunities to people with compelling circumstances in their home countries. Holders of a refugee and humanitarian visa can legally work, study, and reside in Australia. There is an opportunity to apply with an eligible family member, such as dependent children. Identifying the correct subclass is essential for a successful application. The process is complex, and each subclass caters to distinct scenarios. Legal expertise in immigration law is invaluable in this context. Therefore, applicants must seek specialized legal advice.