Special Humanitarian Visa

If you have relatives or friends who are subject to substantial discrimination amounting to a violation of their human rights in their home country, then you may be able to sponsor this person to migrate to Australia under The Special Humanitarian Program. If you are over the age of 18 and an Australian citizen, a permanent resident, an eligible New Zealand resident or an organisation operating in Australia, then you may be able to 'propose', or sponsor, an eligible family member to migrate to Australia.

To be eligible for a Special Humanitarian Program visa the applicant needs to be living outside of their home country as well as experience substantial discrimination amounting to a violation of their human rights in their home country, but does not need to be considered a refugee. Factors that will be taken into consideration when determining whether individuals meet the requirements for this visa include:

  • The type and amount of discrimination suffered,
  • The amount of links they have to Australia,
  • Whether they have other resettlement options,
  • The ability of the Australian community to provide settlement, and
  • Health and character requirements.

To be successful, applicants must provide specific evidence to prove that they have personally experienced discrimination. Reasons for the discrimination could be linked to race, religion, nationality or membership of a particular social or political opinion, but are not limited to these.

Family members may also be included in the application, including the applicants’ partner, dependent children and other dependent relatives, who usually have to be single. They will all have to meet certain health requirements, and will need to have medical examinations, which will be paid for by the Australian government. Applying for this visa is free; however successful applicants or their proposer must pay for the cost of travelling to Australia. The proposer would also be expected to assist the family members or friends settle into Australia.

While positions for the Special Humanitarian Program are limited, priority is given to those who have close family living in Australia and who can prove discrimination in their home country. So if you have close relatives or friends suffering from discrimination in their home country, applying for a Special Humanitarian visa would be very beneficial if it might allow them to live a better life without facing discrimination.

If you would like further information on this topic or need help with any other legal matter, our lawyers at Lex Fori Lawyers (MARN 0851270) are able to assist you. Our lawyers can speak Assyrian, Arabic, and English so please do not hesitate to contact us on +612 9723 8793 to make an appointment.