Will my family need to demonstrate humanitarian claims in order to be granted a humanitarian visa under the 'split family' provisions?

Any application proposed by a protection visa holder or a Resolution of Status visa holder will require the decision-maker to consider four factors in determining whether there are compelling reasons for giving special consideration to granting a visa:

  • the degree of persecution or discrimination to which the applicant is subject in their home country
  • the extent of the applicant's connection with Australia
  • whether or not there is any suitable country available, other than Australia, that can provide for the applicant's settlement and protection from persecution or discrimination
  • the capacity of the Australian community to provide for the permanent settlement of the applicant in Australia.

Applicants should supply as much information as possible, for consideration of the above four factors so that an informed assessment of the applicants individual circumstances can be determined. Only applications found to be compelling will be further considered for grant of a visa.

Where an immediate family member is proposed by an offshore Humanitarian visa holder (subclasses 200, 202, 203 or 204), the decision-maker will continue to assess against the compelling reasons factors but need only consider the extent of their connection with Australia.