Subclass 785 — Temporary Protection Visa — immi.wiki

The Subclass 785 Temporary Protection visa (TPV) is granted to people who are in Australia without valid immigration status, who engage Australia's protection obligations under the 1951 Refugees Convention or complementary protection grounds, and who arrived in Australia without valid authorisation (for example, by boat). It is not available to people who arrived by air with a valid visa — those persons may apply for the Subclass 866 Protection visa.

The TPV is a temporary visa. It does not grant permanent residence. Holders must apply for a subsequent TPV or Subclass 790 Safe Haven Enterprise visa (SHEV) before their current TPV expires to maintain lawful status in Australia.

Resolution of Status (RoS) pathway: From 13 February 2023, the Australian Government introduced a pathway for eligible TPV and SHEV holders to apply for the Subclass 851 Resolution of Status (RoS) visa — a permanent visa. Eligibility for the RoS pathway is primarily based on having held a TPV or SHEV, or having had a TPV/SHEV application pending, before 14 February 2023. The RoS pathway does not apply to all TPV holders — refer to the Department of Home Affairs onshore protection page for current eligibility details.

To be eligible for a Subclass 785 TPV, the applicant must:

• Be in Australia without a substantive visa (or have had one cancelled)
• Have arrived in Australia without authorisation (unauthorised maritime arrival or arrived without a valid visa)
• Engage Australia's protection obligations — either as a refugee under Article 1A(2) of the Refugees Convention (s 36(2)(a)) or under complementary protection (s 36(2)(aa))
• Not be excluded from protection (for example, under the serious crimes exclusion in Article 1F of the Convention)
• Meet health requirements
• Not have had a previous TPV application refused on the same protection claims without new circumstances

The protection claim assessment is conducted by the Department of Home Affairs. Refused applicants may seek review by the Immigration Assessment Authority (IAA) — a fast-track review body — rather than the full merits review available through the ART for Subclass 866 applicants.

TPV applications are lodged with the Department of Home Affairs. Many TPV applicants are in immigration detention or community detention and are assisted by the Department or legal aid services in lodging applications.

The application process involves a substantive protection claim interview conducted by a Departmental officer. Medical and identity checks are conducted. Because applicants arrived without authorisation, full identity documentation may not be available — the Department has processes for identity verification in these circumstances.

For current processing information, refer to the global visa processing times.

Subclass 785 TPV holders have the following entitlements and conditions:

• Work rights: Unrestricted right to work
• Study rights: Yes, including access to Commonwealth-supported university places
• Medicare: Yes
• Travel: TPV holders may not re-enter Australia if they depart — departure effectively ends the visa. This is a significant practical constraint: TPV holders cannot travel overseas and return.
• Duration: 3 years from date of grant
• Subsequent visa requirement: Before the TPV expires, the holder must apply for a subsequent TPV or SHEV (or the RoS visa if eligible) to maintain lawful status

The no-return condition is among the most significant restrictions on the TPV — it separates holders from family members overseas and prevents travel for any purpose. This condition reflects the temporary protection policy framework, which does not contemplate TPV holders having the full mobility rights of permanent residents.

For current application charges, refer to the DHA fee schedule. For current processing times, refer to global visa processing times.