Australian Immigration Daily News

The Migration Amendment (Referred Stay (Permanent) (Class DH) Visa) Regulations 2026 clarify the danger criterion for the Subclass 852 visa and relocate it from the application validity requirements to the visa grant criteria.

The Referred Stay visa provides a permanent residence pathway for eligible people who would face danger in their home country because of their assistance with investigations into human trafficking, slavery or slavery-like practices in Australia.

What is changing?

The amendments repeal paragraph 2.07AK(3)(f) and introduce new clause 852.212 in Schedule 2 to the Migration Regulations 1994.

Under the new clause, the Minister must be satisfied that:

• The applicant would be in danger if they returned to their home country; and
• That danger would be a direct result of their contribution to, and close cooperation with, the investigation identified in the relevant certificate.

A consequential amendment to clause 852.223 ensures this requirement must be met both at the time of application and at the time of decision.

Application of the amendments

The changes apply to visa applications made on or after 3 November 2026. They do not apply retrospectively to valid applications made before commencement.

The explanatory statement describes the amendments as clarifying the existing policy intention and aligning the legislative framework with that intention.

For migration practitioners, the key consideration is the express connection required between the applicant’s danger on return and their assistance with the relevant investigation.

Migration-Amendment-Referred-Stay-Permanent-Class-DH-visa-Regulations-2026.pdf 

and Migration-Amendment-Referred-Stay-Permanent-Class-DH-visa-Regulations-2026-Explanatory-Statement.pdf