General information only, not legal advice. Immigration law changes; contact Onside for advice about your circumstances.
Protection and Humanitarian Visas
Australia's refugee and humanitarian programs provide pathways for people who may need protection because they cannot safely return to their home country.
Refugee and humanitarian matters can involve highly personal and complex circumstances and require careful consideration of an applicant's history, protection claims and supporting evidence.
At Onside Immigration Lawyers, we assist with Protection and Humanitarian visa matters, including initial applications, refusals and review matters. We provide tailored advice about eligibility, evidence and the appropriate strategy for each case.
Protection Visa (Subclass 866)
The Protection visa (subclass 866) is an onshore visa for people who are already in Australia and who engage Australia's protection obligations.
An applicant generally needs to establish that they meet the relevant refugee or complementary protection criteria, including that they face persecution for a Convention reason or a real risk of significant harm if returned to their home country. The relevant criteria can involve matters such as race, religion, nationality, political opinion or membership of a particular social group.
Applicants must provide complete and accurate information about their circumstances and, where available, supporting evidence. Identity, health, character and security requirements may also apply.
Protection visa applications should be approached carefully. Previous visa history, previous protection applications, changes in circumstances and other immigration issues may affect the assessment of the application and the advice required.
Refugee and Humanitarian Visas
For people outside Australia who may need humanitarian protection, Australia's offshore Refugee and Humanitarian Program includes several visa pathways, including:
- Refugee visa (subclass 200)
- In-country Special Humanitarian visa (subclass 201)
- Global Special Humanitarian visa (subclass 202)
- Emergency Rescue visa (subclass 203)
- Woman at Risk visa (subclass 204)
The requirements vary depending on the particular visa pathway. Depending on the circumstances, applicants may need to demonstrate persecution, serious human rights concerns or other circumstances relevant to the applicable humanitarian pathway, as well as satisfying other requirements such as health, character and security requirements.
The Global Special Humanitarian visa (subclass 202) may be relevant to certain people outside their home country who are subject to substantial discrimination amounting to gross human rights violations and who have an eligible proposer in Australia.
Protection and Humanitarian Visa Refusals and Reviews
If a Protection or Humanitarian visa application has been refused, it is important to obtain advice promptly and carefully review the decision and any available review rights.
Depending on the type of decision and the circumstances, a protection visa refusal or cancellation may be reviewable by the Administrative Review Tribunal (ART). The decision notification will generally explain whether review is available and the applicable deadline.
At Onside Immigration Lawyers, we can assist with protection visa refusals and review matters, including reviewing the Department's decision, identifying the issues that need to be addressed and preparing submissions and supporting evidence for the review process.
Where appropriate, we can also advise on other available options following a refusal or cancellation.
How Onside Immigration Lawyers Can Help
Protection and humanitarian matters require careful assessment of the individual circumstances and the evidence available to support the claim.
Our lawyers can assist with:
- assessing potential Protection and Humanitarian visa pathways;
- advising on eligibility and protection claims;
- preparing and presenting supporting evidence;
- addressing previous visa and immigration history;
- preparing submissions and responding to Department requests;
- reviewing Protection and Humanitarian visa refusals;
- assisting with eligible review applications before the Administrative Review Tribunal; and
- advising on other immigration options that may be available following a refusal or cancellation.
If you believe you may need Australia's protection, or if you have already received a refusal of a Protection visa, obtaining legal advice promptly can help you understand your position, available options and any applicable review deadlines.
Contact Onside Immigration Lawyers to discuss your Protection or Humanitarian visa matter.