Humanitarian Program
Overview
Australia's Humanitarian Program has two components: offshore (resettlement of refugees and other humanitarian entrants identified outside Australia) and onshore (protection for people already in Australia who are found to meet Australia's protection obligations). The size of the offshore program is set by the Government in the annual migration program.
The legal basis for onshore protection is in s 36 of the Migration Act 1958, which implements Australia's obligations under the 1951 Refugee Convention and Convention Against Torture. The onshore protection visa (Subclass 866) is available to applicants who are in Australia and are found to be refugees or to have complementary protection claims.
Unauthorised maritime arrivals (UMAs) are subject to a separate regime — they may not apply for the permanent Protection visa onshore and are instead assessed for the Temporary Protection Visa (Subclass 785) or Safe Haven Enterprise Visa (Subclass 790).
Eligibility
Offshore program — resettlement
Australia's offshore humanitarian program resettles refugees and others in humanitarian need who are outside their home country. Cases are generally referred by UNHCR. The main offshore subclasses are:
- Subclass 200 — Refugee — persons recognised as refugees under the Refugee Convention who are referred by UNHCR for resettlement
- Subclass 202 — Global Special Humanitarian — persons outside their home country who are subject to substantial discrimination amounting to a gross violation of human rights; must be proposed (sponsored) by an Australian citizen, permanent resident, or approved organisation
- Subclass 203 — Emergency Rescue — for persons in urgent need of resettlement; processed quickly
- Subclass 204 — Woman at Risk — for women outside their home country and any dependants who are in particularly vulnerable circumstances
Onshore protection
To be granted a Protection visa (Subclass 866), an applicant who is onshore must:
- Be in Australia (or at certain external territories)
- Not be an unauthorised maritime arrival (UMAs are barred from the Subclass 866 and assessed for TPV/SHEV)
- Not be a person to whom an exclusion clause applies (see refugee exclusion clauses)
- Be assessed by the Department as meeting Australia's protection obligations under s 36(2)(a) (refugee) or s 36(2)(aa) (complementary protection)
Temporary protection for UMAs
UMAs found to engage Australia's protection obligations receive:
- Subclass 785 — Temporary Protection Visa (TPV) — three-year temporary visa; no travel rights (visa ceases on departure); no family reunification
- Subclass 790 — Safe Haven Enterprise Visa (SHEV) — five-year temporary visa; available to TPV holders willing to live and work in regional areas
In 2023, legislative amendments created a pathway to permanent residence for long-term TPV/SHEV holders who had been in Australia for more than four years, subject to character and other requirements.
Selection criteria
Protection claims are assessed against the criteria in s 36 of the Migration Act:
- Refugee criteria (s 36(2)(a)) — the applicant is a person in respect of whom Australia has protection obligations because they are a refugee within the meaning of the Refugees Convention (well-founded fear of persecution for a Convention reason)
- Complementary protection criteria (s 36(2)(aa)) — Australia has protection obligations because there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, there is a real risk the applicant will suffer significant harm
Decision-makers also apply the exclusion clauses and the safe third country provisions. Australia's fast track review process applies to claims by certain UMAs — see fast track review.
Application process
Onshore protection visa application
- Lodge a protection visa application (Form 866) with the Department while in Australia.
- Biometrics collection and preliminary assessment (eligibility, identity, admissibility).
- Primary decision by the Department — interview may be conducted.
- If refused, review rights depend on the applicant's status: most applicants have a right to apply to the ART (Migration and Refugee Division) for review; UMAs subject to fast track review may have limited review rights (Immigration Assessment Authority within the ART).
- If the ART (or IAA) affirms the refusal, limited judicial review and ministerial intervention options remain.
Offshore processing for UMAs
UMAs who arrive at excised offshore places may be transferred to a regional processing country (currently Papua New Guinea or Nauru) for offshore assessment. The legal framework for offshore processing is in Part 2 Division 8A of the Migration Act.
Related programs
Notes
Australia's offshore humanitarian program intake target for 2024–25 is approximately 20,000 places, including resettlement and special humanitarian visas. The Government has periodically increased the cap to respond to specific humanitarian crises (e.g., Ukrainian, Afghan, and Syrian intakes).
Community support for resettlement is available through the Community Support Program (CSP), which allows community organisations and individuals to sponsor humanitarian entrants for resettlement. CSP places are counted within the overall humanitarian program ceiling.
Australia's international obligations under the Refugee Convention, CAT, and ICCPR constrain the operation of the protection regime, including the offshore processing arrangements. The High Court has scrutinised the legality of offshore processing in several significant cases.