Offshore Humanitarian visas are available to people outside of Australia who are also outside of their home country and cannot return to their home country because they are refugees.
Frequently Asked Questions
What is an Offshore Humanitarian visa?
Australia offers a variety of offshore humanitarian visas to support refugees and individuals who are outside Australia, are not in their home country, and cannot return home due to a well-founded fear of persecution. These visas provide a pathway for eligible people to settle permanently in Australia, enabling them to live, work, and study in a safe environment.
Types of Offshore Humanitarian Visas
- Refugee (Subclass 200) visa: This visa is for people who have been identified as refugees by the United Nations High Commissioner for Refugees (UNHCR) and referred to Australia for resettlement. It enables successful applicants to reside permanently in Australia.
- In-country Special Humanitarian (Subclass 201) visa: This option is available to people who are still in their home country but are unable to leave and face persecution.
- Global Special Humanitarian (Subclass 202) visa: This visa is for people who are outside their home country, subject to substantial discrimination or human rights abuses, and have an Australian citizen or permanent resident willing to propose them.
- Emergency Rescue (Subclass 203) visa: This is for refugees in urgent need of protection due to immediate danger.
- Woman at Risk (Subclass 204) visa: Specifically designed for female applicants who are outside their home country, without the protection of a male relative, and face a high risk of victimisation, harassment, or serious abuse.
Each offshore humanitarian visa has its own eligibility criteria, application processes, and requirements. Consulting a qualified immigration lawyer or advisor can help determine which visa is most appropriate based on individual circumstances.
What are the requirements of an Offshore Humanitarian visa?
You may be eligible for an offshore humanitarian visa if:
- You are outside of Australia
- You are subject to persecution or substantial discrimination in your home country
- You meet the ‘compelling reasons’ criterion
- You meet health, character and national security requirements
- For some subclasses, you must have an Australian proposer
There are a number of offshore humanitarian visas available, and some of them have different eligibility requirements. Speak to a lawyer to find out if you are eligible for one of the offshore humanitarian visa options.
Can I appeal a refusal of an Offshore Humanitarian visa?
If you have received an offshore humanitarian visa refusal, your options to appeal may be limited. Instead it may be an option to apply again for the visa.
You should read your visa refusal notice carefully to understand:
- If you have the right to appeal your decision
- The timeframe available to lodge the appeal
- The relevant appeal body your appeal should be directed to.
If your letter does not outline this information, we suggest that you obtain legal advice.
Have questions about offshore humanitarian visas? Book a free 10 minute consultation with one of our immigration lawyers online now and get the answers you need.