Australian Humanitarian and Refugee Visas

The government must give protection if applicants can show the Department of Home Affairs they are a ‘refugee’ – that means if they are returned to their home country, they will suffer serious harm, persecution or substantial discrimination because of their race, religion, nationality, political opinion or membership of a social group.

The definition of “persecution” includes:

• Threat to life, liberty or security;
• Continued or periodic harassment, detention or arrest;
• Forced exile or relocation to a remote area;
• Arbitrary arrest or detention;
• Slavery, torture or cruel or inhuman treatment;
• Confiscation of property; or
• Forced indoctrination or re-education.

Substantial discrimination includes:

• Arbitrary interference with privacy, family, home or correspondence
• Deprivation of all means of making a livelihood, being paid unreasonably low wages or not being able to work at an appropriate job
• Being forced to live in substandard dwellings;
• Being forced to give up social or civil activities;
• Being constantly watched or pressured to become an informer;
• Removal of citizenship rights; or
• Being denied a passport

If applicants do not fit within the refugee definition, they will be assessed for ‘complementary protection’ – that is given if they show they will suffer serious human rights abuses against international law if returned to their country.

In addition to these two requirements, applicants must show that there is no safe place for them relocate around their home country, or there is no other safe country in which they can live, and that they have not done any serious crimes.

In addition, applicants need to show that it is unable, or they are unwilling to avail themselves of the protection of the country (i.e. state authority).