+ What is Requirement 1: Living outside their home country?
The Applicant must be living outside their home country at the time of application as well as before the decision is made.
+ What is Requirement 2: Persecution in the home country?
The Applicant must demonstrate that they are subject to persecution in their home country. The term, ‘persecution’ is given its ordinary meaning. Oxford Dictionary defines ‘persecution’ as:
"Hostility and ill-treatment, especially because of race or political or religious beliefs; oppression"
Persecution requires repeated or persistent oppression, injury, maltreatment or harassment. The Applicant will be assessed on the available provided evidence to determine whether they are open to, exposed to, or under the domination of persecutory acts in their home country. Evidence of persecution includes, but is not limited to:
- Threats to the Applicant’s life, liberty or security;
- Continued periodic harassment, detention or arrest
- Arbitrary arrest, detention or exile
- Exile from the home country or to a remote area within that country.
- Torture, or cruel and inhuman or degrading treatment
- Servitude without compensation
- Confiscation of property or assets
- Indoctrination or re-education
+ What is Requirement 3: Compelling Reason?
There must be compelling reasons for giving special consideration to granting the Applicant a permanent visa, including:
- The degree of persecution the Applicant is subject to in their home country;
- The extend of the Applicant’s connections with Australia;
- If there is a suitable country available to the Applicant, other than Australia;
- The capacity of the Australian community to provide for the Applicant’s settlement;
+ What is Requirement 4: Connection with Australia?
Split-family cases [insert hyperlink to split family article] are given the highest priority for the grant of a permanent visa. The priority order in assessing cases which claim a link to Australia is as follows:
- The Applicant has a partner, child or sibling in Australia
- The Applicant has a grandparent, grandchild, aunt, uncle, niece, nephew or cousin in Australia
- The Applicant has a friend or distant relative, or has been proposed by an organisation in Australia
As the number of applications for humanitarian visa continues to exceed Australia’s capacity to take in refugees, the humanitarian program is designed to ensure that the available visa places go to those in greatest need of resettlement and who do not have any other durable solution available to them. It is important to note that even if the Applicant is able to satisfy all the requirements, this will not automatically guarantee the grant of a Refugee (Subclass 200) visa.
This is reflected in the Migration Regulations, which stipulates that the granting of a Subclass 200 visa must not result in either:
- The number of Subclass 200 visas granted in a financial year exceeding the maximum number of Subclass 200 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or
- The number of visas of particular classes (including Subclass 200) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year.
The Australian Government decides the overall size of the humanitarian program, the regional composition of the offshore component and the approximate number of visas to be granted in the refugee and the special humanitarian program categories. These decisions are assessed according to relevant factors including advice from the UNHCR on global resettlement needs and priorities, the views of stakeholders in Australia and the Australian community’s capacity to provide for the permanent settlement of humanitarian entrants.