Australia Refugee and humanitarian visas

Australia is a country that has a long history of accepting refugees and humanitarian entrants. The Australian Government provides a range of visa options for individuals who are fleeing persecution or violence in their home country and who are in need of protection.

There are two main types of visas available for refugees and humanitarian entrants in Australia: Protection visas and Offshore Humanitarian visas.

Protection visas are for people who have arrived in Australia and are seeking protection as refugees. To be eligible for a Protection visa, the applicant must demonstrate that they meet the criteria for refugee status, including a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The application process can be complex and lengthy, and applicants may be required to undergo health and character checks.

Offshore Humanitarian visas are for individuals who are outside Australia and are seeking resettlement in Australia as refugees or special humanitarian entrants. These visas are granted to people who are subject to persecution, violence, or other forms of serious harm in their home country, and who are unable to find protection in their country of residence. Offshore Humanitarian visas are granted based on the humanitarian needs of the applicant and their ability to integrate into Australian society.

In addition to these two main visa categories, there are also other visa options available for refugees and humanitarian entrants in Australia, including the Woman at Risk visa and the Emergency Rescue visa. The Woman at Risk visa is specifically designed for women who are at risk of harm due to their gender, while the Emergency Rescue visa is for individuals who are in urgent need of protection due to a sudden or unforeseen crisis.

Australia's refugee and humanitarian visa programs are administered by the Department of Home Affairs. The Australian Government also works closely with international organizations, such as the United Nations High Commissioner for Refugees, to provide support and protection for refugees and humanitarian entrants.

Australia's refugee and humanitarian visa programs play an important role in providing protection and support to individuals who have fled their home country due to persecution or violence. While the application process can be challenging, these visas offer a lifeline for those who are in desperate need of help and a chance to start a new life in a safe and welcoming environment.

Types of Refugee and Humanitarian visas in Australia

In Australia, there are several types of visas available for refugees and humanitarian applicants:

  • Global Special Humanitarian (subclass 202)
  • Protection visa (subclass 866)
  • Refugee visas (subclass 200, 201, 203 and 204)
  • Temporary Protection visa (subclass 785)
  • Safe Haven Enterprise visa (subclass 790)
  • Resolution of Status visa (subclass 851)

Eligibility requirements for Refugee and Humanitarian visas

The eligibility requirements for Refugee and Humanitarian visas in Australia vary depending on the type of visa being applied for. However, in general, the following criteria must be met:

Refugee status: To be eligible for a Refugee visa (subclass 200) or In-country Special Humanitarian Program visa (subclass 201), applicants must demonstrate that they have a well-founded fear of persecution in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.

Close family ties: To be eligible for a Global Special Humanitarian Program visa (subclass 202), applicants must have a close family member who is an Australian citizen, permanent resident or eligible New Zealand citizen who is willing to provide support and sponsorship.

Immediate danger: To be eligible for an Emergency Rescue visa (subclass 203), applicants must be facing immediate danger to their life or liberty.

Adverse security checks: To be eligible for a Temporary Protection visa (subclass 785), applicants must be found to be refugees but cannot be granted permanent protection due to adverse security checks.

Willingness to work and live in designated regional areas: To be eligible for a Safe Haven Enterprise visa (subclass 790), applicants must be willing to work and live in designated regional areas of Australia for up to five years.

Additionally, applicants must meet health and character requirements, and must not have any outstanding debts to the Australian Government.

It is important to note that the eligibility requirements and application processes for each visa category are complex, and applicants are advised to seek professional advice before applying.

The application process for Refugee and Humanitarian visas

The application process for Refugee and Humanitarian visas can vary depending on the country of destination and the specific visa program being applied for. However, in general, the process can be broken down into several key steps:

Eligibility: The first step in the application process is determining whether or not an individual is eligible to apply for a Refugee or Humanitarian visa. Eligibility criteria typically include demonstrating a well-founded fear of persecution, being at risk of harm due to civil war or conflict, or facing serious human rights violations in their country of origin.

Application: Once eligibility is established, the applicant will need to complete the appropriate application form and submit supporting documentation. This documentation may include proof of identity, travel documents, evidence of persecution or harm, medical reports, and other relevant information.

Assessment: The application will then be assessed by the relevant authorities, who will consider the individual's eligibility, the strength of their claim, and other factors such as health, security, and character.

Interview: In some cases, the applicant may be required to attend an interview with an immigration officer. This interview may be used to clarify information provided in the application, assess the individual's credibility, and make a decision on the application.

Medical checks: Applicants may be required to undergo medical checks to ensure they do not pose a risk to public health, and to identify any pre-existing medical conditions that may require treatment.

Security checks: Applicants may also be subject to security checks to ensure they do not pose a threat to national security.

Decision: Once all relevant information has been gathered, a decision will be made on the application. If the application is successful, the applicant will be issued with a Refugee or Humanitarian visa.

It is important to note that the application process can be complex and lengthy, and may require the assistance of legal and/or migration experts. It is also important to ensure that all information provided in the application is accurate and complete, as providing false or misleading information can result in the application being refused or even criminal charges being laid.

Document checklist for Refugee and Humanitarian visa applications

The document checklist for Refugee and Humanitarian visa applications in Australia can vary depending on the type of visa being applied for and the individual circumstances of the applicant. However, some of the common documents that are required for most of these visa categories are:

When applying for a humanitarian or refugee visa in Australia, there are several documents that you will need to provide. These include:

Valid Passport: You will need a valid passport to enter and travel to Australia.

Visa Application Form: You will need to complete the appropriate visa application form, which can be found on the Department of Home Affairs website.

Photographs and Biometrics: You will need to provide passport-sized photographs and have your biometric data collected.

Family Certificates: You may need to provide documents that prove your family relationships.

Health Requirements: You will need to undergo a medical examination to ensure that you meet Australia's health requirements.

Good Character Documents: You will need to provide documents that demonstrate your good character, such as police clearance certificates.

Australia's Values Statement: You will need to sign Australia's values statement, which outlines the values that Australians hold dear.

Copies of Earlier Visas: You may need to provide copies of any visas you have held in the past.

In addition, for humanitarian visas 200, 201, 202, 203, and 204, you will need to provide the following additional documents:

Proof of Humanitarian Circumstances: You will need to provide evidence of the humanitarian circumstances that have led you to seek a visa.

Two photographs: You will need to provide two additional passport-sized photographs.

Parental Consent Form 1229: If you are under 18 years of age, you will need to provide a parental consent form.

Statutory Declaration: If the parental consent form is not applicable, you will need to provide a statutory declaration.

Form 1257: You will need to complete and provide form 1257, which is a declaration of the applicant.

Form 842: Only for global visa 202, you will need to provide form 842, which is a declaration of assets and debts.

It is important to note that the document requirements may vary depending on the individual circumstances of the applicant and the specific visa category being applied for. Applicants are advised to refer to the relevant visa application guidelines and seek professional advice before submitting their application.

Who Is Considered a Refugee?

  • To be considered a refugee under Australia's Migration Act 1958, an individual must be outside of their country of citizenship.
  • The individual must have a "well-founded fear of persecution" and be unable to return to their home country.
  • A "well-founded fear of persecution" is assessed based on the following five reasons: race, religious belief, nationality, political opinion, or affiliation with a specific group.
  • The fear of persecution must be present in all areas of the individual's country.
  • The fear of serious harm and systematic and discriminatory conduct due to persecution in their country is also considered.

Who Meets the Criteria for Complementary Protection?

Individuals who do not qualify as refugees, but may face substantial harm if they are forced to return to their home country, can be eligible for complementary protection. This term refers to the protection of individuals who are at risk of:

  • Losing their life
  • Facing a death sentence
  • Being subjected to torture or inhumane punishment
  • Experiencing degrading treatment
  • Additionally, individuals who are family members of someone under the complementary protection act may also be considered for this visa.

How Do I Apply For a Humanitarian and Refugee Visa?

To apply for a humanitarian and refugee visa in Australia, you can use the ImmiAccount online system. If you don't have an account, you will need to register in order to proceed with your application. Once you have opened your online account, you can find the appropriate visa application form and fill it in.

For most humanitarian visas, the application form will ask several questions about your protection claims, and it is important to answer these questions as accurately as possible.

If you are unable to complete an online application, you can apply by sending your application by post. However, for humanitarian visas 200, 201, 203, and 204, online applications are not feasible, and paper applications are the only way to apply.

You will need to pay a fee to have your visa application processed. For both types of applications (online or paper), you are required to pay the fee through the ImmiAccount. 

To apply for a humanitarian and refugee visa in Australia, follow these steps:

  • Determine if you meet the eligibility requirements for a refugee or humanitarian visa. In general, you must be outside your country of citizenship and have a well-founded fear of persecution due to your race, religion, nationality, political opinion, or membership in a particular social group.
  • Gather the necessary documents, which may include a valid passport, visa application form, photographs and biometrics, family certificates, health requirements, good character documents, Australia's values statement, and copies of earlier visas.
  • Complete the visa application form online through the ImmiAccount system, if possible. If you are applying for a humanitarian visa 200, 201, 203, or 204, you may need to submit a paper application.
  • Pay the visa application fee through the ImmiAccount system.
  • Provide evidence of your humanitarian circumstances, if applying for a humanitarian visa. This may include proof of persecution, conflict, or displacement.
  • Attend a health examination, if required.
  • Wait for a decision on your visa application. This process may take several months or more, depending on the complexity of your case.

It is important to note that the visa application process can be complex, and it may be helpful to seek the assistance of a migration agent or legal representative. The Department of Home Affairs website also provides detailed information on how to apply for a refugee or humanitarian visa.

How Much Does an Australia Humanitarian and Refugee Visa Cost?

The cost of a humanitarian and refugee visa in Australia varies depending on the type of visa that you are applying for. Here is a breakdown of the costs:

  • Protection Visas: If you are applying for a protection visa under subclass 866, 785, or 790, the cost is AUD40.
  • Humanitarian Visas: If you are applying for a humanitarian visa under subclass 200, 201, 203, or 204, the visa is free of charge.
  • Global Special Humanitarian visa: If you are applying for a global special humanitarian visa under subclass 202, the visa is free of charge unless you are proposed under the Community Support Program. In that case, you will need to pay a fee.

It is important to note that these costs are subject to change, so it is a good idea to check the Department of Home Affairs website for up-to-date information.

How Long Is an Australia Humanitarian and Refugee Visa Valid For?

Humanitarian and Refugee visas are designed to provide protection and support to individuals who have fled their home country due to persecution or danger. The duration of these visas can vary depending on the specific type of visa.

Temporary Protection visas (subclass 785) are valid for three years and are intended for individuals who have been granted refugee status but cannot be granted permanent protection due to adverse security checks.

Safe Haven Enterprise visas (subclass 790) are valid for five years and require the visa holder to work and live in designated regional areas of Australia.

On the other hand, some protection visas are valid indefinitely, including:

  • Protection visa (subclass 866): This visa is granted to individuals who meet the criteria for refugee status and can provide evidence of their need for protection.
  • Humanitarian visas (subclasses 200, 201, 202, 203, and 204): These visas are granted to individuals who have been displaced from their home country due to humanitarian concerns, such as war, conflict, or natural disasters.
  • Global Special Humanitarian visas (subclass 202): This visa is intended for individuals who have close family ties in Australia and are at risk of significant harm in their home country.

It is important to note that visa holders may be eligible to apply for permanent residency or citizenship after meeting certain requirements, such as fulfilling residency and language proficiency criteria.

Can I Stay Longer?

If you are in Australia on a humanitarian or refugee visa, you may be able to extend your stay by applying for a subsequent visa. This option is only available to individuals who hold a temporary protection visa and wish to remain in Australia for a longer period.

To apply for a subsequent visa, you must submit your application at least three months before your current visa expires. The Department of Home Affairs may extend your visa temporarily while your new application is being processed.

It's important to note that the option to apply for a subsequent visa is not available to those who hold permanent humanitarian or refugee visas. These visas allow you to remain in Australia indefinitely, as long as you continue to meet the eligibility criteria.

In order to be eligible for a subsequent visa, you must meet the requirements of the specific visa category that you are applying for. This may include demonstrating ongoing protection needs or showing that you meet the criteria for a different type of visa.

Overall, if you hold a temporary protection visa and wish to stay in Australia for a longer period, applying for a subsequent visa may be an option worth exploring.

How Long Does It Take to Get a Humanitarian and Refugee Visa for Australia?

The processing time for humanitarian and refugee visas in Australia can vary depending on a number of factors. In general, these visas are processed as quickly as possible, given the complexity of the cases involved and the need to carefully assess each application. However, some visas may take longer to process than others.

Protection visas, for example, can take several months to several years to be finalized, depending on the circumstances of the case. This is because protection visas require a thorough assessment of the applicant's claims of persecution and the conditions in their home country. In some cases, additional information or evidence may be required, which can further delay the process.

However, there are some options available for fast-tracking the processing of protection visas. For example, applicants for visa subclasses 785 and 790 may be eligible for the fast-track assessment process, which is designed to expedite the processing of protection visa applications for certain groups of people.

Overall, it is important to be patient during the visa application process, as it can take some time to receive a decision. However, the Australian government is committed to processing these applications as quickly as possible and providing assistance to those in need of protection and resettlement.

Can I Work With an Australia Humanitarian and Refugee Visa?

If you hold a humanitarian visa in Australia, you are generally allowed to work in the country for as long as your visa is valid. This means that if you have been granted a temporary humanitarian visa, you can work in Australia for the duration of that visa. However, if you have been granted permanent residency under a humanitarian program, you are also entitled to work in Australia indefinitely.

It is important to note, however, that some types of humanitarian visas may require you to work in order to be eligible for other types of visas. For example, the Safe Haven Enterprise Visa (SHEV) is a temporary visa that allows refugees to live and work in regional areas of Australia for up to five years. In order to be eligible for a permanent visa, SHEV holders must have worked for a minimum of three and a half years in a designated regional area.

Overall, working with a humanitarian visa in Australia is generally allowed and can be an important way for refugees and other displaced persons to build a new life in the country. However, it is important to be aware of any specific requirements or conditions that may apply to your particular visa subclass.

Can I Study With an Australia Humanitarian and Refugee Visa?

Individuals holding protection visas, including refugee and humanitarian visas, are eligible to study in Australia. The type of visa you hold determines the level of access to education and language learning programs.

For individuals with a global special humanitarian visa, such as visa subclasses 200, 201, 203, and 204, free English language classes are available through the Adult Migrant English Program. This program offers language training for adult migrants who are new to Australia, including refugees and humanitarian entrants.

If you hold other types of protection visas, you may have access to up to 510 hours of free English language classes. This includes visas such as Temporary Protection visas (subclass 785) and Safe Haven Enterprise visas (subclass 790).

In addition to language classes, protection visa holders are also eligible to enroll in vocational education and training courses, higher education programs, and other types of educational courses. However, the fees for these courses will generally apply.

Overall, if you hold a protection visa and wish to pursue education or language learning opportunities in Australia, there are a variety of options available to you. By exploring the resources and programs offered by the government and educational institutions, you can further your education and enhance your opportunities for success in Australia.

Can I Bring Family Members With Me to Australia Under a Humanitarian and Refugee Visa?

The ability to sponsor family members to come to Australia as part of a humanitarian visa application depends on the specific visa category you are applying for.

If you hold a Protection Visa 866, a Humanitarian Visa 200, 201, 203, or 204, or a Global Special Humanitarian Visa 202, you may be able to sponsor family members to join you in Australia. However, for other humanitarian visas, you can only include family members who are already in Australia at the time of application.

Regardless of the visa category, if you are including family members in your application, you must provide additional documentation and meet certain requirements. This may include demonstrating that your family member is a dependent or meets the eligibility criteria for the specific visa category.

It's important to note that sponsoring family members to come to Australia as part of a humanitarian visa application can be a complex process. It's recommended to seek the advice of a registered migration agent or legal professional to ensure that you understand the requirements and obligations involved.

Overall, if you are considering sponsoring family members to join you in Australia as part of a humanitarian visa application, it's important to carefully consider the specific visa category and seek professional advice to ensure a successful application.

Is a Protection Visa a Humanitarian Visa?

Protection visas and humanitarian visas are two types of visas that fall under the humanitarian and refugee migration scheme in Australia. While they are similar in that they are designed to help people who have fled persecution or conflict in their home countries, they are not the same type of visa.

One of the key differences between protection visas and humanitarian visas is the length of time for which they are valid. Protection visas are generally granted to people who have been found to be refugees and are valid for up to five years, after which the visa holder may be eligible to apply for permanent residency. Humanitarian visas, on the other hand, can be granted for a variety of reasons and can have varying lengths of validity depending on the circumstances.

Another difference between the two types of visas is the requirements for eligibility. Protection visas are generally only available to people who have been found to be refugees, while humanitarian visas can be granted for a range of reasons, such as family reunification, medical treatment, or to provide assistance in an emergency situation.

Finally, the cost of the visas and the application process may also differ between protection and humanitarian visas. For example, some humanitarian visas may be granted free of charge, while protection visas may require a fee. Overall, while protection visas and humanitarian visas are similar in that they are designed to help people in need, it is important to understand the differences between the two and to determine which type of visa is appropriate for your individual circumstances.

Access to State Services With Humanitarian and Refugee Visa

People who hold a humanitarian and refugee visa in Australia are eligible for a range of government services. These services are designed to help newcomers to the country integrate into society and build a new life.

One of the most important services that humanitarian and refugee visa holders can access is Medicare. This is Australia's public health care system, which provides access to medical treatment and services. This can be particularly important for people who have fled conflict or persecution in their home country and may have health needs as a result.

In addition to Medicare, humanitarian and refugee visa holders can also access Centrelink, which is the Australian government's social security agency. Centrelink provides a range of financial assistance, including income support payments, family assistance, and help with housing and rent.

For those looking for work, Jobactive is a service that can help connect job seekers with potential employers. This service can provide assistance with job applications, training and skills development, and can help job seekers to find suitable employment.

Finally, for those who have experienced trauma as a result of their experiences, trauma counselling is available through a range of services. This can help individuals to work through their experiences and to start rebuilding their lives in Australia. Overall, these services are designed to provide support and assistance to humanitarian and refugee visa holders as they adjust to life in a new country.

Frequently Asked questions

A refugee visa is a type of visa that is granted to people who have fled their home country due to a well-founded fear of persecution. To be eligible for a refugee visa in Australia, you must meet certain criteria and provide evidence of your refugee status.

A humanitarian visa is a type of visa that is granted to people who are in need of protection due to significant harm they may face if they return to their home country. This can include situations such as civil war, armed conflict, or other forms of violence. To be eligible for a humanitarian visa in Australia, you must meet certain criteria and provide evidence of your need for protection.

The main difference between a refugee visa and a humanitarian visa is the reason why the person is seeking protection. Refugee visas are granted to people who have a well-founded fear of persecution, while humanitarian visas are granted to people who are in need of protection due to significant harm they may face if they return to their home country.

The validity of a refugee or humanitarian visa in Australia depends on the specific visa category. Temporary protection visas are valid for three years, safe haven enterprise visas are valid for five years, and some humanitarian visas are valid indefinitely.

Yes, you can work in Australia with a refugee or humanitarian visa. However, the type of work you can do may be restricted depending on the specific visa category.

Yes, you can study in Australia with a refugee or humanitarian visa. However, the level of access to education and language learning programs may vary depending on the specific visa category.

The ability to sponsor family members to come to Australia with a refugee or humanitarian visa depends on the specific visa category. Some visa categories allow you to sponsor family members, while others only allow you to include family members who are already in Australia at the time of application.

 

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