TPV Subclass 785 visa or Temporary Protection Class UO Subclass 785 visa is for Irregular Maritime Arrivals or Boat People
You can only apply for TPV Subclass 785 visa or Temporary Protection Visa if you arrived in Australia on a boat as an Irregular Maritime Arrival (or IMA or Unauthorised Maritime Arrival – click here to learn more) and without a valid visa . You must have arrived between 13 August 2012 and 1 January 2014, and you must be invited by the Minister of Home Affairs to apply before 18 May 2015.
Please note that if you have been granted or previously held (and your visa was not cancelled) TPV Subclass 785 visa and you first arrive in Australia before 14 February 2023, you may now be able to apply for a permanent visa.
Only IMAs are allowed to apply for TPV Subclass 785 visa.
You will be granted a TPV Subclass 785 visa if the Department of Immigration (Department of Home Affairs) accepts that you have a well-founded fear of persecution and you are unable or unwilling to return to your home country, or unable and unwilling to seek the protection from your government.
In addition, you must have either suffered harm or persecution in the past and there is a real chance that you will suffer harm again if you were returned to your home country.
You could also become a sur place refugee after you have arrived in Australia because of a chance of circumstances in your home country, or a change in your personal circumstances that resulted in you having a well-founded fear of harm or persecution if you were returned to your home country.
You must have a well-founded fear of persecution or harm because of:
- your race; or
- your religion; or
- your nationality; or
- your political opinion (real or imputed); or
- your membership of a particular social group; or
- there is a substantial grounds that you will suffer or have suffered significant harm amounting to arbitrary deprivation of your life, or you will be sentenced to death, or you will be tortured, or you will suffer cruel or inhuman treatment or punishment or degrading treatment or punishment if you were to return to your home country.
Including family members
You can include members of your family who accompanied you to Australia in a combined TPV Subclass 785 visa application. You cannot sponsor any of your family members who are outside of Australia.
If you are granted a TPV Subclass 785 visa, it is valid for up to 3 years. This visa allows you to work or study, and you will have access to Medicare and certain social security benefits. You can extend or apply for a new Temporary Protection Visa if you still require Australia protection.
If you are granted a TPV Subclass 785 visa, you are prevented by visa condition 8503 from applying for any other visas (for example, a Partner visa), other than SHEV Subclass 790 visa (click here to learn more) even if you are eligible.
If you have a need to travel overseas while holding a TPV Subclass 785 visa, you must have the written permission from the Department of Immigration, and you must not travel back to your home country.
You are also required to inform the Department of Immigration within 28 days if you changed your residential address.
If your TPV Subclass 785 visa application is refused, you are not permitted to apply to the AAT (click here to learn more) for a merits review of the refusal. However, your application will automatically be referred for fast track review by the Immigration Assessment Authority or IAA (click here to learn more). The IAA may not invite you for an interview nor allow you to provide further evidence unless the evidence is not available before or new evidence that come to light after the refusal.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if this visa is the best visa for you (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.