Temporary Protection Visa (Subclass 785)
The Temporary Protection Visa (subclass 785) was a temporary protection pathway for unauthorised maritime arrivals found to engage Australia's protection obligations. It was closed to new applications in February 2023. Existing holders continue to hold valid visas and have a pathway to permanent residence through the Resolution of Status (subclass 851) visa.
Visa Plan Lawyers advises existing TPV holders on the Resolution of Status pathway, merits review before the Administrative Review Tribunal, and related protection matters.
Closure to New Applications
The Australian Government announced in February 2023 that holders of the Temporary Protection Visa and the Safe Haven Enterprise Visa would be offered a pathway to permanent residence through the Resolution of Status (subclass 851) visa. From that date, no new TPV applications have been accepted.
Existing subclass 785 visas remain valid according to their terms. The Resolution of Status visa provides a route to permanent residence for eligible holders.
Who Holds a Temporary Protection Visa
Holders are persons who arrived in Australia as unauthorised maritime arrivals before 1 January 2014 and were found to engage Australia's protection obligations under the Refugees Convention or the complementary protection criteria. The subclass 785 visa was granted for up to three years at a time, with eligibility for further grants subject to a fresh assessment.
Many holders have cycled through successive grants over an extended period. The Resolution of Status pathway is intended to resolve that cycle for those who meet the criteria.
Visa Conditions and Rights
The subclass 785 visa confers the right to live, work, and study in Australia for the duration of the visa. Holders have access to Medicare, certain Centrelink payments, and other services available to temporary protection visa holders. The visa does not confer a pathway to family reunification in the same form as a permanent protection visa.
Travel outside Australia is generally not permitted except in compelling or compassionate circumstances, and requires prior written approval from the Department of Home Affairs.
The Resolution of Status Pathway
The Resolution of Status (subclass 851) visa provides permanent residence for eligible TPV and Safe Haven Enterprise Visa holders. The pathway was opened in response to the policy decision to resolve the status of the remaining cohort of holders.
Eligibility, lodgement timing, and the evidence required to support the application depend on the applicant's individual circumstances, visa history, and conduct. Strategy at the outset shapes the outcome.
Merits Review
A refusal of a Resolution of Status application, or of any protection visa, may be reviewed by the Administrative Review Tribunal within the statutory time limit. The Tribunal conducts a full merits review through its Protection and Immigration Jurisdictional Area. Further review on questions of law is available in the Federal Circuit and Family Court of Australia.
Related Pages
- Protection Visas The main onshore protection pathway and overview of the framework.
- Safe Haven Enterprise Visa The regional-focused temporary protection pathway, also closed to new applications.
- Australia's Complementary Protection Protection for a person who faces a real risk of significant harm outside the Refugees Convention.
Speak with Visa Plan Lawyers
Existing TPV holders navigating the Resolution of Status pathway face time-critical decisions. Contact Visa Plan to discuss your circumstances.
Request a Consultation