# Humanitarian Stay (Temporary)

> visa-449 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

Subclass 449—Humanitarian Stay (Temporary)
449.1—Interpretation
               Note:    No interpretation provisions specific to this Part.


449.2—Primary criteria
               Note:    The primary criteria must be satisfied by at least 1 member of a family unit. Other
                        members of the family unit, or members of the immediate family of a person, who are
                        applicants for a visa of this subclass need satisfy only the secondary criteria.

449.21—[No criteria to be satisfied at time of application]
449.22—Criteria to be satisfied at time of decision

449.221
          (1) The applicant meets the requirements of subclause (2) or (3).
          (2) The applicant meets the requirements of this subclause if:
               (a) the applicant has been displaced from his or her place of residence, and:
                     (i) cannot reasonably return to that place of residence; and
                    (ii) is in grave fear of his or her personal safety because of the
                         circumstances in which, or reasons why, he or she was displaced from
                         that place of residence; or
               (b) the applicant has not been displaced from his or her place of residence, but:
                     (i) there is a strong likelihood that the applicant will be displaced from
                         that place of residence; and
                    (ii) the applicant is in grave fear of his or her personal safety because of
                         the circumstances in which, or reasons why, the applicant may be
                         displaced from that place of residence.
          (3) The applicant meets the requirements of this subclause if the applicant:
               (a) is a member of the immediate family of a holder of a Subclass 449 visa
                   (the visa holder); and
               (b) was a member of the visa holder’s immediate family when the visa holder
                   was first granted a Subclass 449 visa.

449.223
               Grant of the visa would not result in either:
                (a) the number of Subclass 449 visas granted in a financial year exceeding the
                    maximum number of Subclass 449 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 449, 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.

449.224
          (1) The applicant satisfies public interest criteria 4002 and 4003A.
          (2) The applicant 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.

449.3—Secondary criteria
               Note:      These criteria must be satisfied by applicants who are members of the family unit, or
                          members of the immediate family, of a person who satisfies the primary criteria.

449.31—[No criteria to be satisfied at time of application]
449.32—Criteria to be satisfied at time of decision

449.321
               The applicant:
                (a) is a member of the family unit of a person who, having met the
                    requirements of subclause 449.221(2), is the holder of a Subclass 449 visa;
                    or
                (b) is a member of the immediate family of a person who, having met the
                    requirements of subclause 449.221(3), is the holder of a Subclass 449 visa.

449.322
          (1) The applicant satisfies public interest criteria 4002 and 4003A.
          (2) The applicant 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.

449.323
               If the applicant has not turned 18, public interest criteria 4017 and 4018 are
               satisfied in relation to the applicant.

449.4—Circumstances applicable to grant

449.411
               If the application is made outside Australia, the applicant must be outside
               Australia at the time of grant.









449.412
               If the application is made in Australia, the applicant must be in Australia at the
               time of grant.

449.5—When visa is in effect

449.511
               Temporary visa permitting the holder to travel to, enter and remain in Australia
               until a date specified by the Minister.

449.6—Conditions

449.611
               Condition 8506.

449.612
               Condition 8101 or 8104 may be imposed.

449.612A
               Condition 8303 may be imposed.

449.613
               If the Minister is satisfied that it would be unreasonable to require an applicant to
               undergo assessment in relation to criterion 4007, condition 8529.
               Note:     See subclauses 449.224(2) and 449.322(2).