Other Visas
The subclass 866 visa is for people who engage Australia’s protection obligations because they are a refugee or meet the complementary protection criteria in the Migration Act 1958. You and any eligible family members included in the application must be in Australia when you apply for this visa.
What You Can Do
This visa allows you to live and work in Australia as a permanent resident and have access to Medicare and Centrelink services.
Applicant Requirements
You may be eligible for this visa if:
you are claiming Australia’s protection
you meet one of the following criteria:
you are a refugee as defined by the Migration Act 1958
you meet the complementary protection criteria in the Migration Act 1958
you are not barred from lodging a Protection visa application
the minister is satisfied that the grant of the visa is in the national interest
meet health and character requirements
According to the Migration Act 1958, refugees are people who are outside their home country and cannot return because they have a well-founded fear of persecution due to their:
Race
Religion
Political opinion
Nationality
Membership in a particular social group
Australia is obliged under the Refugees Convention to provide protection to refugees and to ensure they are not returned to any place where they are likely to face persecution for one of the five grounds under the Migration Act 1958.
Protection can also be provided to people who cannot be returned to their home country because they engage Australia's complementary protection obligations.
People engage in protection in Australia under complementary protection obligations if there is a real risk that if they return to their home country they will suffer any of the following types of significant harm:
Arbitrary deprivation of life
The death penalty
Torture
Cruel treatment or punishment
Degrading treatment or punishment
Australia's obligation not to return people who might be subject to such harm derives from international human rights treaties to which Australia is a party. These treaties are the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT).
The subclass 200 visa is for people outside Australia, living outside their home country, and being persecuted in their home country.
To be considered for resettlement in Australia under this visa, you would usually need to be referred by the United Nations High Commissioner for Refugees (UNHCR) to the Australian Government
What You Can Do
This is a permanent residence visa. It allows you to:
Stay in Australia indefinitely
Work and study in Australia
Enroll in Medicare, Australia’s scheme for health-related care and expenses
Access certain social security payments
Apply for Australian citizenship (after you have lived in Australia for four years)
Propose family members for permanent residence
Attend English language classes
Applicant Requirements
You may be eligible for this visa if you:
Are outside Australia
Are living outside your home country
Are persecuted in your home country
Meet health and character requirements