Australia revises return-risk criteria for Referred Stay permanent visas

From 3 November, F2026L01466 relocates an existing danger requirement and expressly links the risk to cooperation with an investigation.

Australia · In effect for new applications

Australia’s Referred Stay (Permanent) (Class DH) visa amendment was made on 29 October, registered on 2 November and commences on 3 November 2026. It changes the assessment framework for this specific permanent visa.[1][2]

The earlier regulation 2.07AK(3)(f) already required the Minister to be satisfied that the applicant would face danger on returning home. The amendment removes that application-validity provision and inserts clause 852.212 into the visa criteria. The danger must directly result from the applicant’s contribution to, and close cooperation with, the certified investigation into alleged human trafficking, slavery or slavery-like practices under paragraph 2.07AK(3)(b). Clause 852.223 is updated accordingly.[1][3]

Transitional provision 16801 applies the changes to visa applications made on or after 3 November. Other requirements remain applicable. This is not a general new permanent-residence entitlement for anyone facing danger.[1]

Official sources

  1. Federal Register of Legislation: Migration Amendment (Referred Stay (Permanent) (Class DH) Visa) Regulations 2026, F2026L01466
  2. Federal Register of Legislation: registered PDF of F2026L01466
  3. Migration Regulations 1994, compilation of 2 October 2026, regulation 2.07AK

This article provides general information. Individual applications are subject to the applicable rules and the competent authority’s assessment.

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