The Migration Amendment (Referred Stay (Permanent) (Class DH) Visa) Regulations 2026 commence on 3 November 2026. It amends the assessment of the danger requirement for the Referred Stay (Permanent) (Subclass 852) visa.
The Subclass 852 visa provides a permanent residence pathway for individuals who have assisted Australian law enforcement authorities with an investigation, including investigations into human trafficking and slavery-related offences.
The regulations repeal paragraph 2.07AK(3)(f) of the Migration Regulations 1994, which forms part of the requirements for making a valid application. In its place, a new criterion, clause 852.212, has been inserted in Schedule 2. Under this criterion, the Minister must be satisfied that:
- the applicant would be in danger if they returned to their home country; and
- the danger would arise as a direct result of the applicant’s contribution to, and close cooperation with, the investigation specified in the certificate issued in relation to the applicant.
Clause 852.223 has also been amended to reflect the new criterion. The amendments apply to Subclass 852 visa applications made on or after 3 November 2026. Click here: Migration Amendment (Referred Stay (Permanent) (Class DH) Visa) Regulations 2026
