Australia has a Refugee and Humanitarian Programme which offers protection visas. There are two components to it: onshore protection and offshore protection.
- ONSHORE PROTECTION COMPONENT
Under the Refugee and Humanitarian Programme, a person who arrived in Australia legally or illegally may apply for onshore protection (asylum) as a “refugee”.
A refugee is a person who is outside his/her home country and cannot return because of a well-founded fear of persecution due to his/her:
- political opinion
- membership of a particular social group
There are three types of protection visas available for people in Australia who want to apply for protection.
Protection visa (Class XA) (Subclass 866)
For people who arrived in Australia lawfully
Temporary Protection visa (Class XD) (Subclass 785)
For people who arrived in Australia illegally
Safe Haven Enterprise visa (Class XE) (Subclass 790)
Note: You must already be in Australia, in order to apply for one of these onshore visas.
- THE OFFSHORE PROTECTION COMPONENT
This option is for people outside Australia in need of humanitarian assistance Typically, such people have fled their home countries for another country, not being Australia. Often, as a group, they are in refugee camps, although individuals may reside outside refugee camps.
There are two categories of visas under the offshore resettlement programme:
- Refugee category
- Special Humanitarian Programme (SHP) category
- REFUGEE CATEGORY VISAS
A person may be eligible for a refugee category visa if he/she:
- is outside Australia; and
- is subject to persecution in his/her home country.
A person who is in Australia may be eligible for a refugee category visa if an immediate family member proposes them for a visa.
Refugee category visas include:
Refugee Visa (Subclass 200)
In-country Special Humanitarian (Subclass 201)
Emergency Rescue Visa (Subclass 203)
Woman at Risk (Subclass 204)
- SPECIAL HUMANITARIAN PROGRAMME CATEGORY (SHP) VISA
Special Humanitarian Programme category visas are for people who are subject to substantial discrimination amounting to gross violation of their human rights in their home country.
You may be eligible for a Special Humanitarian Programme Category visa if:
- you are outside Australia
- you are subject to substantial discrimination amounting to a gross violation of their human rights.
and are proposed for entry by:
- an Australian citizen, or
- an Australian permanent resident, or
- an eligible New Zealand citizen, or
- an organisation operating in Australia
A person can also be eligible for a Special Humanitarian Programme category visa if an immediate family member who is in Australia proposes him/her for the visa.
- OUR SERVICES DURING THE APPLICATION
Our services during the application phase include the following:
- Advising clients on the most appropriate category of temporary or permanent residence visa
- Devising a suitable strategy for obtaining the type of visa
- Preparing a thorough visa application which includes required supporting documents
- Advising clients about their rights, duties and options, during the application process
- Managing and coordinating the whole application process
- WHAT IF YOUR VISA APPLICATION IS REFUSED
If unsuccessful, the letter from the Department will give you reasons for the refusal.
If your application is refused by the Department, you may ask for an internal review which will be conducted by another departmental officer, usually a more senior one. We can help with this process. Contact us to get more information how.
OUR SERVICES AFTER AN UNSUCCESSFUL INTERNAL REVIEW
If an application for a visa has been refused, we will:
- study the reasons given for the refusal
- identify any errors of fact or law
- advise on and conduct an appeal
Read more about reviews and appeals options → Reviews & Appeals
- WHY US? As lawyers we are not simply migration agents. Although we cost no more, we can assist you at all levels in the application process and (if needed) the appeal process. As qualified lawyers our legal training is to your advantage.
A useful link for further information can be found at ASRC