Global Special Humanitarian visa-202 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 202—Global Special Humanitarian 202.1—Interpretation Note: eligible New Zealand citizen, member of the family unit and member of the immediate family are defined in regulation 1.03. 202.111 In this Part: approved proposing organisation means an organisation in relation to which the following requirements are met: (a) the organisation has entered into a deed with the Department relating to: (i) the proposal of applicants for a Subclass 202 visa; and (ii) the provision and management of resettlement services to an applicant that it has proposed; (b) the deed: (i) is in effect; and (ii) is not suspended under the terms of the deed. 202.2—Primary criteria Note: The primary criteria must be satisfied by all applicants except certain applicants who are members of the family unit, or members of the immediate family, of certain applicants who satisfy the primary criteria. Those other applicants need satisfy only the secondary criteria. 202.21—Criteria to be satisfied at time of application 202.211 (1) If the application does not include a proposal by an approved proposing organisation, the applicant: (a) is subject to substantial discrimination, amounting to gross violation of human rights, in the applicant’s home country and is living in a country other than the applicant’s home country; or (b) meets the requirements of subclause (2). (2) The applicant meets the requirements of this subclause if: (a) the applicant’s entry to Australia has been proposed in accordance with approved form 681 by an Australian citizen or an Australian permanent resident (in this subclause called the proposer); and (b) either: (i) the proposer is, or has been, the holder of a Subclass 202 visa, and the applicant was a member of the immediate family of the proposer on the date of grant of that visa; or (ii) the proposer is, or has been, the holder of a Subclass 866 (Protection) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; or (iia) the proposer is, or has been, the holder of a Resolution of Status (Class CD) visa, and the applicant was a member of the immediate family of the proposer on the date of application for that visa; and (ba) the application is made within 5 years of the grant of that visa; and (c) the applicant continues to be a member of the immediate family of the proposer; and (d) before the grant of that visa, that relationship was declared to Immigration; and (e) the proposer is not a person mentioned in subregulation 2.07AM(5). 202.212 If the application includes a proposal by an approved proposing organisation: (a) the applicant is subject to substantial discrimination, amounting to gross violation of human rights, in the applicant’s home country and is living in a country other than the applicant’s home country; and (b) the proposal is not made on behalf of another person who is mentioned in subregulation 2.07AM(5); and (c) the applicant is still proposed by the approved proposing organisation. 202.22—Criteria to be satisfied at time of decision 202.221 (1) If the criteria in clause 202.211 apply to the applicant, the applicant continues to satisfy the criteria. (2) If the criteria in clause 202.212 apply to the applicant, the applicant continues to satisfy the criteria. 202.222 (1) If: (a) the applicant met the requirements of subclause 202.211(2) at the time of application; and (b) the applicant’s proposer is, or has been, the holder of a Subclass 202 visa; the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa having regard to the extent of the applicant’s connection with Australia. (2) If subclause (1) does not apply, and the application does not include a proposal by an approved proposing organisation, the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to: (a) the degree of discrimination to which the applicant is subject in the applicant’s home country; and (b) the extent of the applicant’s connection with Australia; and (c) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from discrimination; and (d) the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia. (3) If the application includes a proposal by an approved proposing organisation, the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to: (a) the degree of discrimination to which the applicant is subject in the applicant’s home country; and (b) the extent of the applicant’s connection with Australia; and (c) whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from discrimination; and (d) the capacity of the approved proposing organisation to provide for the permanent settlement of the applicant in Australia. 202.223 (1) The permanent settlement of the applicant in Australia would be consistent with the regional and global priorities of the Commonwealth in relation to the permanent settlement of persons in Australia on humanitarian grounds. (2) If the application includes a proposal by an approved proposing organisation, the permanent settlement of the applicant in Australia would be consistent with the priorities of the Commonwealth in relation to the permanent settlement in Australia of persons who are proposed by approved proposing organisations for Subclass 202 visas. Note: This subclause commenced on 1 July 2017 as part of the Department’s Community Support Programme, which deals with the permanent settlement in Australia of persons who are proposed by approved proposing organisations for Subclass 202 visas. 202.224 The Minister is satisfied that permanent settlement in Australia: (a) is the appropriate course for the applicant; and (b) would not be contrary to the interests of Australia. 202.225 If the application does not include a proposal by an approved proposing organisation, the applicant is proposed for entry to Australia, in accordance with approved form 681, by: (a) a person who: (i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and (ii) is not a person mentioned in subregulation 2.07AM(5); or (b) a body operating in Australia. 202.226 Grant of the visa would not result in either: (a) the number of Subclass 202 visas granted in a financial year exceeding the maximum number of Subclass 202 visas, as determined by the Minister by legislative instrument, that may be granted in that financial year; or (b) the number of visas of particular classes, including Subclass 202, granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister by legislative instrument, that may be granted in that financial year. 202.227 (1) The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019. (2) If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001. 202.227A If: (a) the application includes a proposal by an approved proposing organisation; and (b) the Minister has requested an assurance of support in relation to the applicant; the Minister is satisfied that: (c) the assurance has been accepted by the Secretary of Social Services; and (d) if a person (in this clause called the additional applicant): (i) is a member of the family unit of the applicant; and (ii) made a combined application with the applicant; and (iii) the Minister has requested an assurance of support in relation to the additional applicant; the additional applicant meets the requirements of paragraph 202.322A(c) or (d). 202.228 If a person (in this clause called the additional applicant): (a) is a member of the family unit of the applicant; and (b) has not turned 18; and (c) made a combined application with the applicant— public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 202.229 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 202 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and (aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and (b) if the person has previously been in Australia, satisfies special return criterion 5001. (2) Each member of the family unit of the applicant who is not an applicant for a Subclass 202 visa is a person who: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 202.3—Secondary criteria Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of certain persons who satisfy the primary criteria. 202.31—Criteria to be satisfied at time of application 202.311 The applicant: (a) is a member of the family unit of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 202.211(1)(a) or 202.212(a); or (b) is a member of the immediate family of, and made a combined application with, a person who meets, or has met, the requirements of paragraph 202.211(1)(b). 202.312 The applicant is included in: (a) if the application of the relevant person who satisfies the primary criteria does not include a proposal by an approved proposing organisation—the proposal made under clause 202.225 in respect of that person; or (b) if the application of the relevant person who satisfies the primary criteria includes a proposal by an approved proposing organisation—that proposal. 202.32—Criteria to be satisfied at time of decision 202.321 The applicant: (a) continues to be a member of the family unit of a person who, having satisfied the primary criteria and, in particular, having met the requirements of paragraph 202.211(1)(a) or 202.212(a), is the holder of a Subclass 202 visa; or (b) continues to be a member of the immediate family of a person who, having satisfied the primary criteria (and, in particular, having met the requirements of paragraph 202.211(1)(b)), is the holder of a Subclass 202 visa. 202.322 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 202.322A If: (a) the application of the person who satisfied the primary criteria includes a proposal by an approved proposing organisation; and (b) the Minister has requested an assurance of support in relation to that person; and (ba) the Minister has requested an assurance of support in relation to the applicant; the Minister is satisfied that: (c) the applicant is included in the assurance of support given in relation to the person who satisfied the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or (d) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services. 202.323 The applicant: (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and (aa) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019; and (b) if the applicant has previously been in Australia—satisfies special return criterion 5001. 202.4—Circumstances applicable to grant 202.411 The applicant must be outside Australia when the visa is granted. Note: If the application includes a proposal by an approved proposing organisation, the second instalment of the visa application charge must be paid before the visa can be granted. 202.5—When visa is in effect 202.511 Permanent visa permitting the holder to travel to and enter Australia within 5 years of grant. 202.6—Conditions 202.611 Entry must be made before the date specified by the Minister for the purpose. 202.612 Condition 8502 may be imposed.