In-country Special Humanitarian Visa – Subclass 201
What is Subclass 201 Visa?
This visa forms part of the Refugee category of the humanitarian program. There are many persons living in their home countries who are subject to persecution because of their race, religion, ethnicity, political beliefs and other reasons. The government of their country may be powerless to protect them or may be the source of the persecution.
United Nations High Commissioner for Refugees (UNHCR) provides protection and assistance to refugees who have left their home countries. It has no mandate to refer for resettlement persons subject to persecution who remain in their home country, even if UNHCR has a presence in that country.
Australia's capacity to assist persons in these circumstances is also extremely limited. There may be significant bilateral sensitivities around assessing applicants in their home country as subject to persecution and assisting their departure from that country.
The Government's priority in the refugee category is to resettle persons who have been assessed as refugees by UNHCR and referred to Australia for resettlement. XB-201 was established to enable Australia to assist in exceptional cases and for these reasons there is no regular allocation of places. You must be outside Australia when you apply for an In-country Special Humanitarian visa (subclass 201).
+ What is Visa Capping?
Under section 85 of the Migration Act, the Minister may, by legislative instrument, determine the maximum number of visas in a specified class that may be granted in a specified program year. This establishes a numerical limit (“cap”) on that visa class.
At the time of writing, there is no legislative instrument for refugee and protection visa in regard to visa capping.
The current prioritisation order is as follows:
- Emergency Rescue Subclass 203 visa
- Woman at Risk Subclass 204 visa
- In-country Special Humanitarian Subclass 201 visa
- Refugee Subclass 200 visa
- Global Special Humanitarian Subclass 202 visa