Special purpose visa
Statutory definition
Section 5(1) of the Migration Act 1958 (Cth) defines special purpose visa as a visa that is taken to have been granted under s 33. Section 33 provides that certain classes of non-citizen are taken to hold a special purpose visa by operation of law, without the need to apply.
Explanation
A special purpose visa is a visa that exists by operation of law — it is not applied for, and no grant decision is made. Instead, s 33 of the Migration Act deems certain categories of person to hold a special purpose visa when they enter Australia, enabling them to be lawful non-citizens without going through the ordinary visa application process.
Categories of persons who hold special purpose visas by operation of s 33 include:
- Visiting foreign officials and heads of government, and their staff, travelling on official business
- Members of the armed forces of certain countries visiting Australia under arrangements with the Commonwealth
- Crew members of foreign vessels in certain circumstances
- Persons in prescribed classes declared by the Minister
A special purpose visa is a temporary visa. It ceases to be in effect when the person departs Australia, or earlier if the circumstances giving rise to the special purpose visa no longer apply.
How this term is used
The special purpose visa is relevant in practice in situations where an overseas dignitary or official enters Australia for an official visit — they enter lawfully without having applied for a visa. The concept also covers transitional scenarios such as crew members who enter a port without going through normal immigration clearance.
A special purpose visa does not confer any entitlement to work, study, or remain beyond the purpose for which it was granted. If the holder remains in Australia after the special purpose ceases to apply and no other visa is held, they become an unlawful non-citizen.