Key Takeaways:
- Australia’s Temporary Protection Visa (subclass 785) assists refugees who enter illegally and lack eligibility for a permanent visa.
- Eligibility includes refugees, those qualifying for complementary protection, and family members of current 785 visa holders.
- Criteria for complementary protection involve risks like life-threatening situations, torture, or inhumane treatment if returned home.
Finding refuge and safety can be a crucial need for those who face severe threats in their home countries. Australia, acknowledging this imperative, offers specific visas designed to provide protection. One such pathway is the Temporary Protection Visa (Subclass 785), tailored for individuals who have found themselves in Australia without a legal means of staying and yet cannot return home due to serious risks. This visa is a lifeline for those deemed to meet the stringent conditions of either refugee status or Australia’s complementary protection criteria.
Navigating through the requirements and application process for Subclass 785 can be challenging. It is essential for potential applicants to understand who is eligible, what conditions must be met, and the kind of protection this visa offers. From understanding what makes one eligible to the nuances of applying successfully, this guide provides detailed insights into securing a Temporary Protection Visa. Whether you are seeking refuge for yourself or you are assisting someone in need, knowing the right steps and expectations is the first stride towards achieving safety and stability in Australia.
Australia Temporary Protection Visa – Subclass 785
Overview of Temporary Protection Visa Subclass 785
Australia offers a Temporary Protection Visa under Subclass 785 as part of its refugee immigration program. This visa is designed to assist individuals who are facing persecution and have entered Australia illegally.
Eligibility and Requirements
The Temporary Protection Visa 785 is specifically granted to:
- Individuals who enter Australia without the necessary legal permissions
- Those who demonstrate a need for protection but do not qualify for a Permanent Protection Visa (Subclass 866)
Key Information on Temporary Protection Visa 785
A Temporary Protection Visa (Subclass 785) serves as a crucial lifeline for its holders, allowing them to remain in Australia temporarily under the following conditions:
- Eligibility: Applicants must prove that they face persecution in their home country.
- Entry Requirements: It is only available to individuals who have arrived in Australia illegally.
Restrictions and Considerations
Applicants granted the Temporary Protection Visa 785 should be aware of certain limitations and conditions attached to their stay in Australia. These details are crucial for maintaining the legality and terms of the visa.
By focusing on individuals who unfortunately cannot meet the requirements for a permanent visa, this temporary protection plays a critical role in Australia’s humanitarian efforts.
Who Qualifies for an Australia Protection Visa (Subclass 785)?
Eligibility Criteria:
The Australia Protection Visa (Subclass 785) is designed for individuals who:
- Are recognized as refugees.
- Meet Australia’s standards for complementary protection.
- Have entered Australia illegally and are currently without a valid visa.
Additional Requirements:
- Applicants must be physically present in Australia at the time of applying.
- Eligibility may also depend on whether the applicant has previously been refused a protection visa.
Family Member Eligibility:
- If you are a family member of an individual who already qualifies for the 785 visa, you are also eligible to apply.
Understanding Complementary Protection Criteria
Criteria for Complementary Protection:
To meet the criteria for complementary protection, applicants must demonstrate that they face serious harm if they return to their home country. Serious harm includes:
- A risk of losing their life.
- A risk of being subjected to the death penalty.
- Possible torture inflicted by a third party.
- The possibility of facing inhumane treatment or punishment.
“Even if you are not considered a refugee, you might still qualify for protection if returning home poses a significant danger to your personal safety or well-being.”
This structured approach aims to help individuals understand their eligibility for protection under Australian law clearly and concisely.
Requirements for a Temporary Protection Visa 785
When submitting your application for a Temporary Protection Visa 785, make sure to include the following documents:
Personal Identification and Verification
- Passport: Submit a valid copy of your passport bio page. If unavailable, include equivalent identification such as:
- National ID card
- Birth certificate
- Driver’s license
- Documentation of Name Changes: Provide any legally recognized documents confirming name changes (if applicable).
Application Form
- Protection Visa 785 Application Form: Fill out the form thoroughly, answering detailed questions about your need for protection.
- “It’s important that you answer all questions as honestly as you can.”
Previous Visas
- Copy of Previous Visa: If applicable, provide a certified copy of any previously held visas or residence permits.
Additional Required Items
- Fingerprints and Passport Photographs: Essential for identity verification.
- Character Requirements: Submit documents that verify your character according to the guidelines provided.
- Proof of Relationship: This may include documents such as:
- Lease agreements
- Joint ownership documents
- Joint custody documents (if applicable)
- Health Requirements: Attend mandatory health examinations conducted by Bupa Medical Services.
- “After you lodge your application, you will receive a health identifier (HAP ID) on how to arrange your check-up.”
Australian Values Statement
- Values Statement Agreement: You are required to sign a statement agreeing to uphold Australian values.
Family Member Applications
If applying with family members, include the following for each person:
- Passports: Current or expired, showing a clear photograph.
- Birth Certificates
- National IDs
- Driver’s Licenses (if applicable)
- Certificates of Name Change (if applicable)
- Marriage Certificates or Proof of Relationship
- Financial Documents: Relevant to their financial situation.
- Proof for Dependents Over 18: Provide appropriate evidence.
- Other Supporting Documents: Any additional relevant materials.
By ensuring that all these elements are correctly included in your application, you enhance the prospects of its acceptance. Remember to adhere strictly to the list to meet the required criteria set by the Immigration Office.
Eligibility Requirements for a Temporary Protection Visa
To qualify for a Temporary Protection Visa in Australia, applicants must meet specific criteria. Below are the detailed requirements:
- Immigration Status:
- You must be considered an illegal entrant in Australia, meaning you do not have a valid visa.
- Being an unauthorized maritime arrival can also qualify you in certain instances.
- Immigration Clearance:
- You must not have been cleared by Immigration upon your entry into Australia.
- Previous Visas:
- You must have held or currently hold one of the following visas:
- Temporary Protection Visa (subclass 785)
- Temporary Safe Haven Visa (subclass 449)
- Temporary Humanitarian Concern Visa (subclass 786)
- Safe Haven Enterprise Visa (subclass 790)
- Additional Conditions:
- You should not be classified as a transitory person.
- Your previous protection visa must not have been refused or canceled since your last entry into Australia.
- You cannot possess more than one citizenship.
- You must not have protection from another country.
It’s essential to carefully assess if you meet these requirements before applying for a Temporary Protection Visa. This ensures that your application process is smooth and increases the likelihood of approval.
How to Apply for a Temporary Protection Visa
Applying for a Temporary Protection Visa in Australia involves several important steps, whether you choose to apply online or by paper application. Here’s a step-by-step guide to ensure you complete the application process correctly.
Online Application Process
1. Open an ImmiAccount
- Set-Up: To apply for an Australia protection visa online, you must create and use an ImmiAccount.
- Fill in the Visa Form: Select the appropriate visa form within the ImmiAccount and accurately fill in your details.
2. Prepare Your Documents
- Gather Required Documents: Before uploading, ensure all documents are scanned copies of the original unless specified otherwise.
- Translation: Documents must be in English or professionally translated. “Your documents have to be translated into English by a verified translator,” if they are not already in English.
3. Submit Your Application
- Attachment: Once all the required documents are attached and the application form is filled, you can submit your application.
- Confirmation: “After you apply, the Immigration Office will send you a confirmation letter to acknowledge they have received your application.”
4. After You Apply
- Bridging Visa: To remain lawfully in Australia while your application is processed, a bridging visa may be issued.
- Interview Possible: The Immigration Office will inform you if an interview is required to discuss your application.
Paper Application Process
Application Steps
- Download Form: Download the required visa form for a Temporary Protection Visa (subclass 785).
- Completion: Fill out the form completely and send it by post to the Immigration Office.
- Document Certification: Apart from the police clearance certificate, other accompanying documents do not need to be originals but must be certified by an authorized person.
Document Guidelines
- For more detailed instructions on how to certify documents for a paper application and further guidelines for online applications, visit the official immigration website. This ensures that all documents meet the required standards.
By following these structured steps, you can efficiently apply for a Temporary Protection Visa in Australia, ensuring all legal prerequisites are met. Whether applying online or by paper, ensure all information provided is accurate and complete to avoid any delays in the processing of your visa application.
Temporary Protection Visa Processing Time
Processing times for Temporary Protection Visas can vary, but Australian authorities aim to expedite these as efficiently as possible. Certain applications may qualify for a fast-track assessment process:
- Unauthorized Maritime Arrivals: Applications from individuals who arrive by sea without authorization.
- Specific Timeframe Entries: Applications submitted post-13th August 2012 and before 1st January 2014.
- Non-Regional Processed Individuals: Applications from those who have not been taken to a regional processing country.
Cost of a Temporary Protection Visa
A Temporary Protection Visa (subclass 785) incurs a fee of AUD 40. It is crucial to pay this fee prior to submission, as the application will not be considered otherwise. “The Department won’t take your application into consideration without the visa fee,” underscores the importance of this requirement.
Validity Period of Protection Visa 785
This visa remains valid for three years. Post this period, applicants requiring further protection from Australia have the option to:
- Apply for a subsequent Temporary Protection Visa
- Apply for a Safe Haven Enterprise Visa
Renewal must be done through the ImmiAccount service, ensuring continued legal stay in the country during the processing of the new visa.
Extending Your Stay Beyond Visa Expiry
When your Temporary Protection Visa (785) approaches expiry, you may consider extending your stay by applying for:
- A subsequent Temporary Protection Visa
- A Safe Haven Enterprise Visa
It is crucial to monitor the expiry date of your current visa and apply for a new one promptly. During the period of application processing, “your momentary visa will be extended,” which allows you to remain in Australia legally until the new visa is processed.
Including Family Members on a Protection Visa
When applying for a Protection Visa in Australia, you can include certain family members in your application, provided they are with you in Australia at the time of application. Eligible family members include:
- The main applicant’s spouse or registered partner
- Dependent children or step-children of the main applicant
- Other dependent relatives of the main applicant:
- Parents
- Siblings
- Grandparents
- Grandchildren
- Aunts and Uncles
- Cousins
- Nieces and Nephews
- Step-equivalents of the aforementioned relatives
For children over 18 to be included:
- They must be financially dependent due to injuries or mental limitations
- They must rely completely on their parents or legal guardians for social and physical support
All family members included in the application must meet specific health and character requirements. The main applicant can be any family member designated as the ‘family head.’
New Family Members Post-Application
If a child is born after the visa application has been submitted:
- Notify the Immigration Office immediately
- Complete the requisite form and submit it via ImmiAccount or by post
- The child will be included in the pending visa application or will inherit the same visa status as the parents at birth
Temporary Protection Visa 785: Travel, Work, and Study Restrictions
Travel Restrictions
Holders of the Temporary Protection Visa 785 cannot travel outside Australia without explicit government permission. This permission is only granted for compelling reasons. Importantly:
“The Temporary Protection Visa 785 does not allow travel to the country from which you are seeking protection. Violating travel restrictions may lead to cancellation of both your own and your family members’ visas.”
Work Permissions
Individuals holding a Temporary Protection Visa are permitted to work in Australia for the duration of their visa validity.
Study Opportunities
Protection visa holders are entitled to study in Australia during their visa’s validity. Additionally, they can access up to 510 hours of free English classes.
Bringing Family Members to Australia
It is important to note that with a Temporary Protection Visa, you cannot sponsor family members living overseas to come and join you in Australia.
Steps to Take if Your Temporary Protection Visa Application Is Denied
Review Process for Denied Visa Applications
If your application for a temporary protection visa is denied, you have options to contest the decision:
- Administrative Appeals Tribunal (AAT): You can apply for a review of the visa decision at the AAT within less than a month from the date of denial.
- Exception for Fast-Tracked Applications: If your application was processed under a fast-tracking assessment, the review option is limited. You cannot request a review by the AAT unless your application was rejected due to failing character requirements.
- Direct Review by the Immigration Assessment Authority (IAA): In certain situations, your application may automatically be sent for review to the IAA. This authority evaluates the case based solely on:
- The initial information provided in your application.
- Information from the Immigration Office pertaining to their reasons for denial.
The refusal letter you receive will clarify critical details regarding the review process:
- Whether your case has been forwarded directly to the IAA.
- The timeframe is available to request a review via the AAT.
- Your eligibility for requesting a review.
Cancellation of Temporary Protection Visa 785
Your Temporary Protection Visa 785 can be canceled if specific conditions are violated:
- Condition 8503 (‘No Further Stay’): This prevents you from applying for any other type of visa, except for another protection visa.
- Condition 8565: You must notify the Department of any address changes within 28 days.
- Condition 8570: Traveling outside Australia is prohibited without written approval from the Immigration Office.
Withdrawing Your Visa Application
If you choose to withdraw your visa application:
- You must formally request the withdrawal and provide your full name, date of birth, and details of the application being withdrawn.
- If you hold a bridging visa following the withdrawal, it expires in 35 days. Subsequent applications for another protection visa or safe haven enterprise visa may be barred.
Understanding your rights and the correct procedures can significantly impact the outcome of your visa application process. Ensure that all responses and actions are timely and informed by the details specified in your official correspondence.
Official Resources and Forms for Temporary Protection Visa (Subclass 785) in Australia
To ensure accurate and reliable information regarding the Temporary Protection Visa (Subclass 785) in Australia, it is crucial to access and review content directly from official government sources. Below are structured and relevant resources and links:
1. Australian Government Department of Home Affairs (DHA)
- Main Website: Home Affairs Website
- The central hub for all visa types, including protection visas, providing detailed guides and the legal framework.
2. Temporary Protection Visa (Subclass 785) Specifics
- Visa Details Page: Temporary Protection Visa (Subclass 785) Information
- This page offers comprehensive details on eligibility, visa conditions, the application process, and FAQs specifically for Subclass 785.
3. Application Forms and Documentation
- ImmiAccount for Online Applications: ImmiAccount Login
- The main platform to manage your online application.
- Form 866 – Application for a Protection Visa: Download Form 866
- Necessary for submitting a paper-based application for a Temporary Protection Visa.
4. Document and Identity Verification
- Certified Document Guidelines: Document Certification Guidelines
- Instructions on how to get documents certified as true copies for a visa application.
5. Health and Character Requirements
- Health Examination: Health Examination for Visa Applicants
- Information on arranging health checks through approved panel physicians.
- Character Requirements: Character Requirements
- Details on the character documents to be procured, like police certificates.
6. Bridging Visas
- Bridging Visa Information: Bridging Visas
- Overview and application procedures for obtaining a Bridging Visa while your substantive visa application is processed.
7. Visa Application Fees
- Fees and Charges for Visas: Visa Pricing Estimator
- Tool to estimate fees associated with the visa application process, including the Temporary Protection Visa.
8. Travelling on a Temporary Protection Visa
- Requesting Permission to Travel: Travelling on a Protection Visa
- Guidelines for how to request permission for travel outside Australia if you hold a protection visa.
9. Including Family Members in Your Application
- Family Unit Information: Including Family Members in Your Visa Application
- Processes and requirements for including family members in your protection visa application.
10. Reviews and Appeals
- Administrative Appeals Tribunal (AAT): Review Rights
- If your visa application is denied, you can appeal to the AAT for a decision review.
- Immigration Assessment Authority (IAA): IAA Reviews
- For fast-tracked, refused protection visa applications, find out how to get your case reviewed by the IAA.
Each link and resource provided is directly managed by the Australian government or its official departments, ensuring the information is both authoritative and up-to-date. It’s recommended that potential applicants and their advisers review these resources thoroughly to understand the full scope and requirements of the Temporary Protection Visa (Subclass 785).
