In-Country Special Humanitarian for those who cannot leave.
The subclass 201 is one of the rarest humanitarian visas Australia grants. It exists for people who are being persecuted in their home country and have been unable to leave. Very few are granted each year - but for the right cases, it provides a permanent pathway to Australia.
Still in your home country and unable to leave.
Most offshore humanitarian visas are for people who have already left their home country and are seeking resettlement from a third country. The 201 is different: it is designed specifically for the small number of cases where someone is being persecuted inside their own country and, critically, has been unable to leave it to seek refuge elsewhere.
This is not simply a difficult situation - it is a specific legal distinction. The person must be subject to persecution in their home country and unable to leave, rather than simply having not yet left or choosing to remain. The practical and evidentiary bar is high.
Very few are granted. The In-Country Special Humanitarian visa is among the rarest in Australia's humanitarian program. Processing requires significant evidence about the nature of the persecution and why departure has been impossible. In most years, only a handful of these visas are issued. We will always tell you realistically whether a 201 application is viable in your circumstances.
What you need to qualify.
How the Class XB application works.
When you lodge a humanitarian application, the Department assesses your circumstances against all five Class XB subclasses simultaneously. Even if you apply with the 201 in mind, the Department may grant you a different subclass if your situation better fits one of the others. If your circumstances support the 201 specifically, that is what you will receive.
Class XB applications are generally lodged online via ImmiAccount, and the Department has been moving away from paper lodgement. Because lodgement requirements can change, we confirm the current process with you before you apply.
Subclass 201 next to the 202 and the 200.
All three sit within the offshore Class XB humanitarian program, but they answer different situations. The table below sets out the broad distinctions so you can see where the 201 fits. It is a general guide only - which subclass, if any, may suit your circumstances depends on your individual facts.
| Subclass 201 In-Country Special Humanitarian |
Subclass 202 Global Special Humanitarian |
Subclass 200 Refugee |
|
|---|---|---|---|
| Where you are | Still inside your home country, unable to leave | Outside your home country | Outside your home country |
| Core situation | Persecuted at home and genuinely unable to seek refuge elsewhere | Subject to substantial discrimination amounting to a gross violation of human rights | Subject to persecution and outside your country, usually referred by UNHCR |
| Australian proposer | Not required | Required - an Australian proposer supports the application | Not generally required |
| Visa type | Permanent from grant | Permanent from grant | Permanent from grant |
| How common | Very few granted each year | The most common offshore pathway of the three | More common than the 201; usually UNHCR-referred |
For the offshore pathway most people use, see the Subclass 202 Global Special Humanitarian visa, which requires an Australian proposer, or the UNHCR-referred Subclass 200 Refugee visa. To compare every offshore and onshore route, see all humanitarian visa types.
What an application costs. There is no published fee schedule for humanitarian matters, because the work involved varies widely from case to case. Where you engage us, we set out our professional fees in writing before you commit, scoped to your situation - see how we quote. Any government charges are confirmed separately at lodgement. If you would like an early read on whether a 201 may be viable for you, a paid visa assessment is a sensible first step.
In-country visa questions answered.
Where to from here.
Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)
Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.
Complex situation? Speak to us first.
In-country cases are among the most difficult humanitarian applications to prepare. We can assess your circumstances honestly and tell you what is realistically achievable.