Legislative instrumentsCommenced · 3 November 2026
Referred Stay visa 852: danger criterion moves into the visa criteria
F2026L01466 inserts clause 852.212 and applies to applications made from 3 November 2026.
a.
Australia Migration NewsPublished 4 Nov 2026 · Development 3 Nov 2026 · Updated 4 Nov 2026
AT A GLANCE
The instrument was registered on 2 November and commenced on 3 November.
New clause 852.212 requires danger on return directly resulting from contribution to and close cooperation with the certified investigation.
The application provision covers visa applications made from commencement.
The operative amendments
The Migration Amendment (Referred Stay (Permanent) (Class DH) Visa) Regulations 2026 repeals paragraph 2.07AK(3)(f), inserts Schedule 2 clause 852.212 and updates the cross-reference in clause 852.223. The Minister must be satisfied that return to the applicant's home country would be dangerous as a direct result of the applicant's contribution to, and close cooperation with, the investigation identified in the relevant certificate.
Application date matters
Schedule 13 clause 16801 applies the amendments to visa applications made on or after 3 November 2026. The change should not be read as removing the need to establish danger or as creating a general asylum pathway. This is a narrow digest of the amending text; existing referral requirements and a person's eligibility require separate examination.