In Australia, refugees are eligible to apply for refugee visas under the Australia’s Special Humanitarian Programme (SHP), which is part of the international protection of refugees. To be a refugee in Australia, an asylum seeker must be assessed against certain legal criteria. The meaning of a ‘refugee’ in the Migration Act 1958 (the Act) is a person in Australia who is:
- outside their country of nationality
- owing to a well-founded fear of persecution due to one of the following reasons
- race
- religion
- nationality
- membership of a particular social group
- political opinion
- is unable or unwilling to return to their home country or to seek the protection of that country
There are two types of refugee visas available for those who meet the criteria.
- Onshore refugee visa options
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- Protection visa (866) This visa is for people who arrived in Australia on a valid visa and want to seek asylum. It lets you stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.
- Temporary protection visa (785) This visa is for people who arrived in Australia without a visa and want to seek asylum. It lets you stay in Australia temporarily if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.
- Safe Haven Enterprise visa (790) This visa is for people who arrived in Australia without a visa and want to seek asylum. It lets you stay in Australia temporarily if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.
- Offshore refugee visa options
- Refugee visa (200,201,203 and 204)
- Refugee visa Subclass 200 visa application is for those who have already been identified by the United High Commissioner for Refugees and referred to the Australian Government
- In-country special Humanitarian program Subclass 201 visa application is for people who are still residing in their country and have been unable to leave.
- Emergency rescue visa Subclass 203 visa application is for those who satisfy the refugee criteria and in immediate danger.
- Women at risk Subclass 204 visa is for female applicants who do not have the protection of the partner or relative and are in danger of victimisation.
- Refugee visa (200,201,203 and 204)
- Global Special Humanitarian Visa Subclass 202 is for people who are non-refugees.
If you meet the refugee visa criteria and looking for to migrate to Australia, then our highly experienced Immigration Lawyer can proactively work with you on your matter and will guide you throughout the process.