EXPLANATORY STATEMENT
Issued by the Minister for Home Affairs
Migration Regulations 1994
Migration (Specification of Commonwealth Priorities for Subclass 202 (Global Special Humanitarian) Visas) Instrument 2026
The Migration (Specification of Commonwealth Priorities for Subclass 202 (Global Special Humanitarian) Visas) Instrument 2026 (the instrument), departmental reference LIN 26/036, is made under subclause 202.223(3) of Schedule 2 to the Migration Regulations 1994 (the Migration Regulations).
The instrument is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
The instrument commences on the day after it is registered on the Federal Register of Legislation.
It is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
Purpose
The purpose of the instrument is to specify the priorities of the Commonwealth in relation to the permanent settlement of persons who are proposed by an approved proposing organisation (APO) for a Subclass 202 (Global Special Humanitarian) Visa (Subclass 202 visa). These applications are referred to as the Community Support Program (CSP).
Background
The CSP provides a visa pathway under Australia’s humanitarian visa program, which focuses on the resettlement of working-age primary applicants with adequate English language skills, who can become financially self-sufficient within 12 months of arrival in Australia. Eligible persons and their families may access the CSP by making an application for a Subclass 202 visa and including a proposal by an APO. The Subclass 202 visa is a permanent visa.
Subclause 202.223(2) of the Migration Regulations requires the permanent settlement of the visa applicant in Australia to be consistent with the priorities of the Commonwealth. This instrument sets out those priorities, which provides visa applicants with clarity as to how their applications will be assessed.
The priorities set out in the instrument align with the four key eligibility criteria for the CSP: age, English language proficiency, employment readiness, and prospects for financial self-sufficiency. These criteria have been established to support the overall viability and integrity of the CSP as a job-ready resettlement program.
Consultation
The Department has consulted with affected external (non-government) stakeholders on the proposed measures to reform the CSP, including through regular engagement with representatives of the 11 APOs at CSP Working Group meetings. The Department has also consulted with the Refugee Council of Australia, the Settlement Council of Australia and the Community Refugee Sponsorship Australia, who also provided stabilisation proposals. Additionally, the Department consulted with the Australian Refugee Advisory Panel and the Home Affairs-NGO Dialogue on Refugee and Humanitarian Issues, which includes participants from the non-government organisations in the refugee and humanitarian sector, relevant international organisations and representatives from refugee-led networks.
Public input was also gathered through the 2025–26 Humanitarian Program consultation process, where more than 70 submissions highlighted concerns about protracted processing times, and two coordinated campaigns called for higher CSP allocations, broadened eligibility for APOs, and prioritisation of certain cohorts. Similar concerns were raised during the 2026–27 Humanitarian Program consultation process, with some stakeholders supporting clearing the backlog and a continued pause, as well as the introduction of predictable and transparent service standards and program parameters.
Further details of the instrument are set out in Attachment A.
Parliamentary scrutiny and other matters
The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because instruments made under Schedule 1 of the Migration Regulations are exempt under paragraph (b) of item 20 of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
ATTACHMENT A
Details of the Migration (Specification of Commonwealth Priorities for Subclass 202 (Global Special Humanitarian) Visas) Instrument 2026
Section 1 – Name
This section provides that the title of the instrument is the Migration (Specification of Commonwealth Priorities for Subclass 202 (Global Special Humanitarian) Visas) Instrument 2026.
Section 2 – Commencement
This section provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under subclause 202.223(3) of Schedule 2 to the Migration Regulations 1994.
Section 4 – Definitions
This section provides for the definitions of the terms used in the instrument.
Section 5 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Section 6 – Commonwealth priorities
This section specifies the priorities of the Commonwealth in relation to the permanent settlement in Australia of persons who are proposed by an approved proposing organisation for a Subclass 202 visa.
The priorities are intended to support the overall viability and integrity of the CSP as a job-ready resettlement program and apply in relation to an application by a person seeking to satisfy the primary criteria for grant of a Subclass 202 visa. The resettlement of secondary applicants will be consistent with the priorities of the Commonwealth where the resettlement of the primary applicant is consistent with those priorities.
Paragraph 6(a) specifies that it is a Commonwealth priority that a primary applicant be between 18 and 50 years of age when they make the visa application. This priority reflects the Commonwealth’s intention to support the economic participation of CSP entrants in the workforce and promote their self-sufficiency. Individuals within this age range are generally more likely to secure employment, undertake training, and adapt to the Australian labour market, thereby contributing to sustainable settlement outcomes.
Paragraph 6(b) specifies that it is a Commonwealth priority that a primary applicant demonstrates an adequate comprehension and expression of spoken and written English that is sufficient for independent daily living and employment, including workplace safety. English language skills are a Commonwealth priority for the CSP as they directly support the resettlement of applicants in Australia, particularly in seeking or maintaining employment. Applicants may demonstrate their English language skills in an interview-based setting with an officer from the Department of Home Affairs.
Paragraph 6(c) specifies that it is a Commonwealth priority that a primary applicant is to be financially self-sufficient within 12 months of arrival in Australia, having regard to either an offer of paid employment in Australia, or alternatively, an intention to seek paid employment that is supported by evidence of skills and experience. This priority reflects the intent of the CSP being that persons who are likely to settle in Australia quickly, with financial self-sufficiency being a key aspect of successful settlement. A person who derives an income is more likely to be financially sufficient.
Section 7 – Application
This section provides that the instrument applies in relation to an application for a visa made on or after commencement of the instrument. This instrument commences on the day after it is registered.