Refugee and Humanitarian Visa

Australia’s Refugee and Humanitarian Program provides protection to people fleeing persecution, human rights abuses, or significant harm. Aran Legal guides you through this sensitive and high-stakes process with care and expertise.

Overview

What the 866 Visa Grants You?

If you are in Australia and fear returning to your home country due to a real risk of persecution or significant harm, you may be eligible for a Protection Visa. This visa is Australia’s way of meeting its international obligations under the Refugee Convention.

The government application fee is below $100 AUD and is not payable upfront — but the consequences of getting it wrong are far greater. Unsuccessful applicants face detention and removal. This is a visa for genuine asylum seekers only, not a way to extend your stay or a shortcut to permanent residence.

Who May Be Eligible?

  • Refugee Criteria: A well-founded fear of persecution for reasons of race, religion, nationality, membership of a social group, sexual orientation, or political opinion
  • Complementary Protection: A real risk of suffering the death penalty, arbitrary deprivation of life, torture, or cruel or degrading treatment if returned home.
  • You must be in Australia at the time of application and have no effective protection available in another country.

Offshore Protection

Offshore Refugee & Humanitarian Visas

For people outside Australia needing permanent resettlement due to persecution or serious human rights abuses.

Refugee Visa

Subclass 200

For people outside their home country subject to persecution and referred by UNHCR. Grants permanent residence with access to settlement services, welfare, family reunion rights, and right of return.

In-Country Special Humanitarian Visa

Subclass 201

For people still living in their home country facing persecution who have been unable to leave. Very few granted mainly used for split family applications or Afghan Locally Engaged Employees.

Emergency Rescue Visa

Subclass 203

For people referred by UNHCR whose life or liberty is in immediate danger. Reserved for a small number of applicants annually with expedited processing for urgent resettlement.

Woman at Risk Visa

Subclass 204

For women outside their home country without the protection of a male relative who face danger due to their gender. Most applicants are identified and referred by UNHCR.

Global Special Humanitarian Visa

Subclass 202

For individuals outside their home country facing serious discrimination or human rights violations but not meeting refugee criteria. Applications must be supported by an eligible Australian citizen, permanent resident, New Zealand citizen, or approved organisation.

Key Requirements

What Parent Visa Applicants Must Demonstrates

Aran Legal is ready to handle your protection visa application with the sensitivity and expertise it deserves. We ensure your claims are clearly articulated, truthful, and well-supported by evidence to minimise refusal risks and secure your safety in Australia.

Well-Founded Fear

Credible evidence that you face a real chance of persecution if returned to your home country for reasons covered under the Refugee Convention.

Failure of State Protection

Your home country's authorities are unable or unwilling to provide effective protection against the harm you fear.

No Safe Relocation

You cannot reasonably relocate to another part of your home country where you would be safe from persecution or harm.

Credible Identity Evidence

Satisfactory evidence of your identity, nationality, or statelessness must be provided as part of your application.

Important Notice

Who Are These Visas NOT For?

You do not have a genuine fear of persecution or significant harm. This visa is not a pathway to remain in Australia for work, study, or personal convenience.

You do not have a genuine fear of persecution or significant harm. This visa is not a pathway to remain in Australia for work, study, or personal convenience.

You are a national of a country where you could safely relocate internally to avoid the harm you fear.

You have committed serious crimes, war crimes, or crimes against humanity. You may be excluded from protection under international law.

For offshore visas: you arrived in Australia by sea without a valid visa on or after 13 August 2012. Special restrictions apply to unauthorised maritime arrivals.

Ready to Start Your Australian Journey?

Book your free consultation today and let our registered migration agents guide you through the visa process.

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