Refugee and Humanitarian Visas: What are My Offshore Options?

What are Offshore Refugee and Humanitarian Visas? 

Offshore Refugee and Humanitarian visas provide a vital pathway for individuals outside Australia who need protection due to persecution, human rights violations, or other serious threats. These visas also facilitate family reunification in specific circumstances. They can be granted based on referrals from the United Nations High Commissioner for Refugees (UNHCR) or proposals from Australian citizens, permanent residents, eligible New Zealand citizens, or approved organizations. 

What are the Types of Offshore Refugee and Humanitarian Visas? 

Here are the main categories of Offshore Refugee and Humanitarian visas available: 

1. Subclass 200 - Refugee Visa 

The Refugee (Subclass 200) visa is designed for individuals facing persecution in their home country and living outside it. This visa is also available for those at significant risk of harm due to their association with Australian agencies or defence forces, particularly in Iraq or Afghanistan. Typically, this visa is granted to those mandated as refugees by the UNHCR and referred to the Department of Home Affairs for resettlement. 

2. Subclass 201 - In-Country Special Humanitarian Visa 

The In-country Special Humanitarian (Subclass 201) visa is available for people who are still residing in their home country and facing persecution. However, very few of these visas are granted, except for those under specific provisions, such as Split-Family Provisions or individuals at significant risk due to their connection to Australian agencies or defence forces in Iraq or Afghanistan. 

3. Subclass 202 - Global Special Humanitarian Visa 

The Global Special Humanitarian (Subclass 202) visa is for individuals outside their home country who are experiencing substantial discrimination that amounts to a gross violation of human rights. Applications must be proposed by an Australian citizen, permanent resident, eligible New Zealand citizen, or an approved proposing organisation. 

4. Subclass 203 - Emergency Rescue Visa 

The Emergency Rescue (Subclass 203) visa allows for expedited processing of individuals facing immediate threats to their life or freedom due to persecution. Unlike other visas, applicants are not required to be outside their home country. Most applications under this subclass are referred by the UNHCR when urgent evacuation is necessary, and there are no medical issues, clear connections to other resettlement countries, or character concerns. 

5. Subclass 204 - Woman at Risk Visa

The Woman at Risk (Subclass 204) visa is specifically for women who are outside their home country and facing persecution or threats to their safety. Applicants must be without the protection of a male relative and at risk of victimization, harassment, or serious abuse due to their gender. Most applicants are identified and referred by the UNHCR.

How Can Agape Henry Crux Help You?   

Having a clear goal and understanding the different visa types and their specific requirements can help potential applicants navigate the complex immigration landscape and find a safe haven in Australia. We encourage you to seek professional assistance for tailored advice and creative strategies, do not hesitate to contact us. You can book a Migration Planning Session with one of our Accredited Specialists in Immigration Law and team of immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book a time at info@ahclawyers.com.   

We speak fluent English, Mandarin, Cantonese and Malay. If these aren’t your language, we can also help you arrange an interpreter.   

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.