Emergency Rescue Visa Subclass 203 Visa

Subclass 203 is also known as the Emergency Rescue visa. This visa is for individuals who are subject to persecution in their home country and face an imminent threat to their life or personal security. To be eligible for resettlement to Australia under this visa, an individual would generally need to be referred to the Australian Government by the United Nations High Commissioner for Refugees (UNHCR). Individuals applying under this route should have urgent and compelling reasons necessitating their resettlement. When an application under this visa is applied, the Department also considers the scope and applicability of all other Class XB visas (Subclass 200, Subclass 201, Subclass 202, and Subclass 204). Emergency cases are dealt with the highest priority of all applications for resettlement.

Subclass 203 is a permanent residence visa. It allows a foreign national applicant to resettle to Australia to escape the persecution and an imminent threat to their life or personal security that they face in their home country. The Department will satisfy itself that the applicant has compelling reasons to apply for an Emergency Rescue Visa.

The Department would also have to satisfy itself that the applicant is subject to persecution in their home country, and that they face an abrupt threat to their life or/and personal security. If an individual is facing persecution for any of the following reasons, they may apply for a subclass 203 Emergency Rescue visa:

• Nationality; or
• Religion; or
• Political opinion, real or imputed; or
• Race; or
• Membership or affiliation to a particular social group.

While examining whether there are compelling reasons for granting a visa under the Humanitarian subclass, the Department of Immigration will review and consider the following:

• The degree of inclination and connection the applicant has with Australia as compared to other Nations.
• The kind and extent of discrimination or persecution the applicant is subjected to in his home country– It will not involve a comparison of the situation with any other applicant.
• If there is any other more suitable country which can provide the applicant with a resettlement option. And whether the applicant has been offered resettlement in another country or if they have already obtained permanent residency or protection in another country.
• If an applicant has applied through the community support program, the competence of the proposing organization. Approved Proposing Organisations (APOs) are organizations that have been appointed to assist people in humanitarian need.
• The competence of the proposer to aid and assist in the resettlement of the applicant and his family (if eligible).
• If the applicant has a legitimate right to apply to another country for a residency permit.

If an applicant’s immediate family has been granted a Protection or Humanitarian visa in the last five years, they can also propose the applicant for a subclass 203 visa. An Australian citizen or a permanent resident holding a Refugee or Humanitarian visa is permitted to propose an immediate family member living outside Australia for a Refugee or Humanitarian visa. This arrangement is also known as the ‘Split-Family Provision’ under the Refugee visa program. Provided the;

• The proposer in their own application (before being granted their Refugee or Humanitarian visa) must have divulged details about the family member; and
• The applicant has been a member of the proposer’s immediate family at the time the proposer was granted their own visa and continues to be a member when the decision on the current application is made; and
• The current application must be made within five years of the date of grant of the proposer’s visa; and
• The proposer should not have arrived in Australia by boat (as an unauthorized maritime arrival) on or after 13 August 2012.

The proposer would be required to financially support the individual’s (and accompanying family, if any) visa application and settlement, including paying for their travel to Australia.

An applicant may file a combined application and include members of his family unit. The following people can be included in the individual’s visa application at the time of lodgement:

• Their partner (married or de facto)
• Their or their partner’s dependent children
• Other dependent relatives.

Non-dependent children willing to apply for entry to Australia on humanitarian grounds must apply for their visa separately.

An applicant must apply for this visa from a different country(other than his home country). No visa application fee or charge is there for the refugee visa unless it is being applied under the community pilot.

An applicant will be required to undergo some examination and questioning. They shall be required to establish the facts and circumstances to substantiate their claim of persecution and imminent threat to life and personal security. The applicant would also be required to establish their identity, verify the family relationship, and validate all other claims.

The eligibility requirements for the processing of an Emergency Rescue Visa are:

• The applicant can be of any age.
• The applicant should be outside of Australia.
• The applicant should not be in his home country while applying.