Australia's largest independent migration law firm. Open 7 days! Book here.
Need help? We are available 7 days a week.
Winner of Most Trusted Australian Migration Law Firm
Ranked 1st for migration law in 2023 & 2024
Ranked in the top migration lawyers 2023
Ranked in the top migration lawyers 2024
The Australian Government is offering limited humanitarian visas to Afghan citizens seeking refuge in Australia. However, with only 3000 visa places currently allocated for Afghan refugees and a success rate of less than 10%, the process can be challenging and slow. Applicants are encouraged to visit the Australian Government's website for detailed information on humanitarian visa options or contact the provided phone number for assistance.
Individuals from Afghanistan can access Form 842 Application for an Offshore Humanitarian visa, with no application fee required. If unable to apply personally, another individual, such as a close family member or an Australian official, can apply on their behalf by completing Form 956. However, the success of the application largely depends on various factors, including the priority given by the Australian Government. Alternatively, Aghani nationals may apply for the Global Special Humanitarian visa (subclass 202), requiring an Australian sponsor.
Priority for humanitarian visas is given to Afghan allies of the Australian Defence Force and those with Australian relatives. Factors such as the severity of persecution and danger in their current situation influence prioritisation. Afghan individuals with Australian relatives can apply through the Family Stream, but it's costly and lengthy. Consulting an Australian Migration Lawyer is recommended. DFAT tracks visa holders and applicants for processing and travel arrangements; registration on the DFAT Smartraveller portal is advised.
If you require resources in an alternate language, they can be found here:
The first Humanitarian visa avenue open to Afghani nationals is through the Offshore Humanitarian stream (Form 842). Applicants must demonstrate that they are subjected to substantial discrimination in their home country, amounting to a gross violation of their human rights. This criterion aims to provide protection and assistance to those facing severe persecution or discrimination based on various factors such as race, religion, ethnicity, or political beliefs.
Furthermore, meeting the health and character requirements is essential for both the applicant and any accompanying family members. This ensures that individuals entering Australia do not pose a health or security risk to the Australian community. Additionally, applicants are required to sign the Australian values statement, confirming their commitment to respecting the Australian way of life and obeying Australian laws.
Priority for Humanitarian Program placements extends to various groups outside Afghanistan, including certified former Locally Engaged Employees (LEE) and their immediate family members, immediate family members of Refugee and Humanitarian visa holders, security personnel, Afghan government and military officials previously employed by the Australian Government, women, girls, ethnic minorities, LGBTQI+ individuals, and other identified minority groups, as well as refugees referred by the United Nations High Commissioner for Refugees (UNHCR) for resettlement in Australia.
Another avenue to apply for a protection visa is to apply for a Global Special Humanitarian visa (subclass 202), which requires an Australian sponsor. To be eligible for a Global Special Humanitarian (subclass 202) visa, certain criteria must be met. Firstly, applicants must be residing outside Australia and their country of origin at the time of application. This ensures that individuals are genuinely seeking refuge and assistance from persecution or discrimination in their home country. Additionally, applicants need to have a proposer who can be either an Australian citizen, an Australian permanent resident, or an organisation based in Australia. Immediate family members can also act as proposers if they meet the eligibility requirements for a split family visa application. The proposer plays a crucial role in supporting the applicant's resettlement process and may be responsible for covering travel expenses if needed.
[free_consultation]
If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.
[/free_consultation]
Identity Documents:
Humanitarian Circumstances:
Visas or Residence Permits:
Relationship Documents:
Photographs:
Application Forms:
Character Documents:
Notification of Assistance:
Partner Documents:
Dependents under 18 Documents:
Dependents over 18 Documents:
Translation:
Document Preparation for Online Applications:
Additionally, if you are applying for a Global Special Humanitarian visa (subclass 202)
The process of lodging your application for a Humanitarian visa can be completed online or by post. Applying online is the preferred method, offering convenience and efficiency. Submit the necessary forms, including Form 842 for the Offshore Humanitarian visa and Form 681 for the refugee and special humanitarian proposal, along with required documents, through the online webform. Alternatively, if opting for a paper application, mail the completed application and supporting documents to the Special Humanitarian Processing Centre at the Department of Home Affairs in Sydney, NSW, using the provided address: GPO Box 9984, Sydney, NSW 2001.
Alternatively, if applying offshore using a Form 842, applications can be submitted to the following addresses:
[table]
[thead]
[tr]
[th]Application location [/th]
[th]Address for refugee applications (form 842 only)[/th]
[/tr]
[/thead]
[tbody]
[tr]
[td]Africa (including Egypt), Europe, Israel, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan[/td]
[td]Australian High Commission, Nairobi, Kenya
Post, PO Box 39765, Parklands, Nairobi Kenya, 00623
Courier, Limuru Rd, Rosslyn, Nairobi Kenya 00621
[/td]
[/tr]
[tr]
[td]Turkiye, Georgia, Azerbaijan[/td]
[td]Australian Embassy, Ankara, Turkiye
MNG Building, Ugur Mumcu Caddesi 88, 7th Floor, Gaziosmanpasa, ANKARA 06700, Turkiye
[/td]
[/tr]
[tr]
[td]India[/td]
[td]Australian High Commission, New Delhi
1/50 G, Shantipath, Chanakyapuri, New Delhi 110021
[/td]
[/tr]
[tr]
[td]Middle East (other than Israel), Afghanistan, Pakistan[/td]
[td]Australian Embassy, Amman, Jordan
Post, PO Box 35201, Amman 11180, Jordan
Courier, 41 Kayed Al Armouti St Abdoun Al Janoubi, Amman Jordan
[/td]
[/tr]
[/tbody]
[/table]
If you enter Australia on a Global Special Humanitarian visa (subclass 202) or a Humanitarian visa (Form 842), then the following conditions will apply to your visa:
Stay and Rights:
Duration of Stay:
Family Inclusion:
Cost:
Obligations:
Travel:
Visa Label:
[aml_difference][/aml_difference]
The Department aims to process humanitarian visas as quickly as possible, however there is a significant number of applications every year.
While efforts are made to process humanitarian visa applications promptly, processing times vary based on individual circumstances, location, and access to documentation or officials. With Australia's humanitarian resettlement program focused in neighbouring countries and beyond, applications not aligning with priorities may be refused, emphasising the need for safety considerations in Afghanistan and timely notification of changes in personal circumstances.
Engaging an Australian Migration Lawyer is highly beneficial when submitting a protection claim. They understand Australia's visa rules well and can guide applicants through the process efficiently. With their help, applicants can ensure all necessary documents are in order and meet the eligibility criteria. Migration lawyers can also handle any legal issues that may arise, making the process smoother. Their expertise boosts applicants' chances of success and eases the stress of the application journey.
When attending your protection visa interview at the Department of Home Affairs (DHA), it's important to plan your logistics, understand your statement, and share any new information beforehand. During the interview, an interpreter will assist, and honesty is paramount. Expect detailed questions about your identity, truthfulness, and potential harm in your home country. Be consistent with your statement and address any discrepancies. The officer may have access to various information sources and will address any doubts or concerns. Share any additional relevant information promptly. After the interview, you can provide new information, but honesty is crucial to maintain credibility. Seek professional advice from an Australian Migration Lawyer if needed, especially if unsure about post-interview correspondence from Immigration.
In the interview, the following types of questions may be asked of applicants:
Documentation and Application Review:
Personal Background and Circumstances:
Past and Potential Harms:
Security and Allegiances:
Navigating the administrative process for Afghani humanitarian applicants can be complex, but with the right guidance and assistance, it can be manageable. Here are some key steps to help applicants effectively manage the administrative aspects of their visa application:
Seeking assistance from an experienced Australian Migration Lawyer can significantly simplify the administrative process. These professionals possess in-depth knowledge of immigration laws and procedures and can provide invaluable guidance tailored to individual circumstances.
It's crucial for applicants to thoroughly understand the requirements for their chosen visa category. This includes meeting criteria related to family relationships, health, character, and identity. A Migration Lawyer can help clarify these requirements and ensure all necessary documentation is provided.
Applicants should carefully prepare and review all required documentation before submission. This may include personal identification documents, statements, and evidence supporting their asylum claim. A lawyer can assist in compiling and reviewing these documents to ensure accuracy and completeness.
Applicants may be required to attend interviews with immigration officials to discuss their asylum claim further. It's essential to attend these interviews promptly and provide truthful and comprehensive information. A Migration Lawyer can offer guidance on interview preparation and provide representation during the interview process.
Throughout the application process, immigration authorities may request additional information or clarification on certain aspects of the application. Applicants should promptly respond to these requests and provide the requested information in a timely manner. A Migration Lawyer can assist in drafting responses and ensuring compliance with immigration requirements.
Keeping abreast of updates and changes to immigration policies and procedures is vital for applicants. Additionally, applicants should seek support from reputable organisations and community groups that specialise in assisting refugees and asylum seekers. A Migration Lawyer can also provide ongoing support and guidance throughout the application process.
By following these steps and enlisting the support of an experienced Australian Migration Lawyer, Afghani humanitarian applicants can navigate the administrative process with greater confidence and efficiency.
Whilst there are many useful resources available on the internet, sometimes it is essential to obtain advice specific to your case. Our Australian Migration Lawyers off initial consults to discuss what visa options are available to you, as well as advising you on the most strategic and appropriate pathway forward. It is difficult for any lawyer to provide advice on the specifics of your case without embarking on a thorough interview.
Our team of Australian Migration Lawyers is well placed to provide you with ongoing support, from the time of application all the way through to any appeals and reviews that may be required.Once a decision has been made on your application, we'll promptly communicate the outcome to you. If your application is approved, it's a moment of celebration! However, if the decision is not in your favour, our lawyers are here to support you. We'll advise you on your options for appeal and, if necessary, represent you at Australia's administrative review tribunal or the Federal Court.
The nature of immigration policy is that it is constantly changing and highly dependent on a variety of geopolitical factors. For this reason, it is difficult to predict the changes that are likely to occur in Australia.
There are a few matters that the Australian Government has indicated they are likely to treat as a matter of significant concern. For example, Pakistan has introduced an 'Illegal Foreigners Repatriation Plan', requiring individuals without a valid visa to leave by 1 November 2023 or face deportation. Australian visa applicants and holders in Pakistan must comply with these exit permit rules, potentially affecting their travel to Australia. The Department is expediting humanitarian and family visa applications but cannot provide specific processing timelines. Those eligible for humanitarian visas can apply, but they should be aware of Pakistan's exit permit requirements. Collaboration with the Pakistani government and international organisations is ongoing to address refugee departure issues, particularly for Afghan refugees with Australian visas. This is a top priority for the Australian Government.
Managing administrative processes for Afghani humanitarian applicants can be intricate. Seeking assistance from experienced Australian Migration Lawyers simplifies the process significantly. They offer tailored guidance and ensure compliance with immigration laws. Understanding visa requirements thoroughly, compiling necessary documentation accurately, and attending interviews promptly are vital steps. Immigration authorities may request additional information, which should be provided promptly. Staying updated on policy changes and seeking support from reputable organisations are also crucial. By following these steps and seeking legal assistance, applicants can navigate the administrative process with confidence and efficiency.
We have created comprehensive visa guides that outline the ins and outs of visa applications. Get yours today.