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Class XB - Subclass 201

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.

Permanent from grantPersecution in home countryCannot leave to seek refugeVery few granted annually
What Makes the 201 Different

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.

Eligibility Requirements

What you need to qualify.

Persecution in your home countryYou must be subject to persecution in your country of nationality or former habitual residence. Persecution must be based on a Convention ground - race, religion, nationality, membership of a particular social group, or political opinion.
Unable to leaveA defining requirement: you must not have been able to leave your home country to seek refuge elsewhere. This distinguishes the 201 from other subclasses where the applicant is already in a third country.
No protection available internallyInternal relocation within the home country must not be a viable or safe option. The persecution must extend across the country, not just in one region.
Four compelling reasons testThe Department weighs the severity of persecution, your connection to Australia, the availability of alternative protection, and Australia's resettlement capacity.
Health, character and securityAll humanitarian applicants must satisfy health, character and national security requirements.
One Application - All Five Subclasses

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.

How the 201 Compares

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.

Common Questions

In-country visa questions answered.

Having a passport does not automatically disqualify you - what matters is whether you have genuinely been unable to leave to seek refuge. This requires detailed evidence about the specific obstacles to departure, including whether departure is monitored or prevented, whether travel documents have been withheld, or whether leaving would itself create an immediate risk.
Evidence of persecution (government reports, human rights documentation, UNHCR assessments where available), evidence of your specific circumstances within the country, evidence that you have not been able to leave (not merely that you have chosen not to), and evidence that internal relocation is not viable. Cases without substantial evidence are very rarely successful.
If you leave your home country after lodging a Class XB application, the Department will reassess your circumstances. You may no longer qualify for the 201, but you may still be eligible for another subclass - particularly the Subclass 202 Global Special Humanitarian visa if you can find an Australian proposer. The assessment is always made on current circumstances.
There is no fixed timeframe, and you should plan for a multi-year process rather than a quick decision. Offshore humanitarian assessments are evidence-heavy and depend on the strength of your case, country conditions, and where your application sits within Australia's annual humanitarian program, which is capped. Because the 201 sits in one of the smallest streams, timeframes can be long and are difficult to predict. Processing times change, so we will give you a realistic picture for your specific circumstances and point you to the current Department guidance.
We do not publish a set price, because humanitarian cases vary so much in complexity and the evidence they require. Our professional fees are scoped to the work your matter actually needs and set out in writing before you commit, so you can decide with full information - see how we quote. Any government charges are separate and confirmed at lodgement. A paid visa assessment is usually the first step, so you understand your position before any larger commitment.
No. The 201, like the rest of the offshore Class XB program, is for people who are outside Australia - and specifically, still inside their home country. If you are already in Australia and fear returning to your country, the onshore pathways are different. Depending on your circumstances, that may include the Subclass 866 Protection visa or, for some people, temporary protection routes that can later transition through the Subclass 851 Resolution of Status visa. The right pathway depends entirely on your individual situation.
Both are permanent offshore Class XB visas, but they answer different situations. The 201 is for someone still inside their home country who is being persecuted and has genuinely been unable to leave. The 202 is for someone who is already outside their home country and has an Australian proposer to support the application. The evidentiary thresholds differ, and the 202 is the more common of the two. Which one, if either, may suit you depends on where you are and your individual circumstances.
Some people may be able to access free assistance through community legal centres and refugee or migrant community organisations, particularly for general information and initial support. Availability and eligibility for that help vary, and complex in-country cases generally need detailed, individually scoped preparation. We can talk through your options and where this kind of support might fit alongside professional representation.

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.

In-Country Humanitarian 201 Class XB humanitarian visa
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