Referred Stay visa: clearer danger test for trafficking survivors who help investigators

Official release date: 2 November 2026 · Protection

From 3 November 2026, the danger test for the Referred Stay (Permanent) subclass 852 visa moves from a validity rule to a grant criterion tied directly to the applicant's cooperation with an investigation.

Picture this. Someone has survived human trafficking or slavery in Australia, and they have bravely helped police and prosecutors build a case. The Referred Stay (Permanent) visa, Class DH (subclass 852), exists for exactly that person. On 2 November 2026 new regulations were registered that reshape one key part of how this visa works, and they took effect the very next day, 3 November 2026.

What has changed

Here's the thing. Until now, a finding that the applicant would be in danger if they returned home sat in the rules as a validity requirement. In plain terms, it was one of the hurdles that had to be cleared just to lodge a valid application. It also was not limited to danger connected with the person's cooperation; danger arising for other reasons could fall within it.

That validity requirement has now been repealed. In its place is a new grant criterion. Before the visa can be granted, the Minister must be satisfied that the applicant would be in danger if returned to their home country as a direct result of having cooperated with the Australian investigation or prosecution.

So the danger test has moved from the front door of the application to the decision stage, and it now focuses squarely on the link between the danger and the person's cooperation.

Who is affected

• Suspected victim-survivors of human trafficking, slavery or slavery-like offences who have closely cooperated with an Australian investigation or prosecution
• Only applications made on or after 3 November 2026; applications made before then are not caught by the new rules
• Advocates, support services and legal representatives helping survivors prepare their cases

The Government consulted the office of the Anti-Slavery Commissioner, the Attorney-General's Department and the Australian Federal Police in developing the change.

How it compares with the earlier rule

Under the old approach, the danger question was dealt with up front and more broadly. Under the new approach, it is assessed at grant, and the evidence needs to show a clear connection between the risk the person faces and the help they gave to investigators. For many applicants, that means thinking carefully about how their story and supporting material explain that connection.

What you should do

If you are supporting someone who may be eligible, take the time to gather clear, consistent information about their cooperation with authorities and why that cooperation could place them at risk at home. Every visa decision depends on meeting the criteria at the right time, and an application that does not satisfy the grant criteria can be refused, which can leave a person without a lawful basis to remain. Getting the details right from the start is the calmest and safest path.

This is general information only and not personal advice. If you would like to talk through how this applies to you, our registered migration agents and lawyers at Auzworld are here to help.

Official source: Federal Register of Legislation – Migration Amendment (Referred Stay (Permanent) (Class DH) Visa) Regulations 2026