← Australia · 2013

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Migration Amendment (Temporary Protection Visas) Regulation 2013

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateOctober 18, 2013
CategoryAsylum or protection
Policy toolEligibility
Affected groupPersons applying for protection visas, including unauthorised maritime arrivals and persons not immigration cleared on last entry

Policy effect

Reintroduced Temporary Protection Visas (Subclass 785) and amended requirements for Protection (Class XA) and Subclass 866 visas.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

An application by a person for a Protection (Class XA) visa is a valid application for a Subclass 785 (Temporary Protection) visa only if the person: (i) holds a Subclass 785 (Temporary Protection) visa; or (ii) has held a Subclass 785 (Temporary Protection) visa since last entering Australia; or (iii) did not hold a visa that was in effect on the person’s last entry into Australia; or (iv) is an unauthorised maritime arrival; or (v) was not immigration cleared on the person’s last entry into Australia. … This regulation commences on 18 October 2013. … A valid application for a Protection (Class XA) visa made, but not finally determined, before 18 October 2013 is taken to also be a valid application for a Subclass 785 (Temporary Protection) visa if the applicant: (a) holds a Subclass 785 (Temporary Protection) visa; or (b) has held a Subclass 785 (Temporary Protection) visa since last entering Australia; or (c) did not hold a visa that was in effect on the applicant’s last entry into Australia; or (d) is an unauthorised maritime arrival; or (e) was not immigration cleared on the applicant’s last entry into Australia. … The applicant: (a) does not hold a Subclass 785 (Temporary Protection) visa; and (b) has not held a Subclass 785 (Temporary Protection) visa since last entering Australia; and (c) held a visa that was in effect on the applicant’s last entry into Australia; and (d) is not an unauthorised maritime arrival; and (e) was immigration cleared on the applicant’s last entry into Australia.
Australian Federal Register of LegislationOpen official source
Retrieved from https://www.legislation.gov.au/F2013L01811/asmade/2013-10-17/text/original/pdf

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-b5763cbfa61ba4ad0113. Something wrong? Flag this record.

Other Australia changes operative in 2013