This visa class is designed to offer protection to people who are persecuted or discriminated against in their country of origin and who do not have the protection of that country. They may also be granted to the immediate family of permanent refugee or humanitarian visa holders in Australia.

A refugee is someone who is subject to persecution in his/her home country for reasons of race, religion, nationality, political opinion or membership in a particular social group. Visas in the humanitarian category may be available to people who are subject to substantial discrimination amounting to gross violation of human rights in their country of origin. To be eligible for either of these visa types, the person usually must not have the protection of another country.

The visa options available to a person will depend in part on whether they are applying from within Australia or outside Australia, and advice should be sought. Strict quotas apply to people applying from outside Australia, and priority is given to the immediate family (parents of minors, spouses and dependent children) of permanent refugee or humanitarian visa holders in Australia.

Resolution of Status visa

People in Australia who held a Temporary Protection visas (TPV) or Safe Haven Enterprise visas (SHV) or who had an application for a TPV or SHV pending before 14 February 2023 may be eligible to apply for transition to permanent subclass 851 Resolution of Status visa (RoS). A limited group of visa holders will be eligible immediately, with all remaining eligible persons able to apply from late March 2023.

More information is available on the the Legal Services' Migration Advice page, or at the Department of Home Affairs' Resolution of Status and Applying for a subsequent TPV or SHEV.