Information Regarding Temporary (Humanitarian Concern) Visas (THCV) (786) and Humanitarian Stay (Temporary) Visa (HSTV) (449)
There have been important changes to the visa process for asylum seekers. The Abbott Government has recently announced the use of Temporary Humanitarian Concern Visas (THCV), in an attempt to deny refugees their legal right to a permanent Protection Visa (866 XA Visa).
The Department are now utilising in some situations two visas:
- Humanitarian Stay (Temporary) Visa (449); and
- Temporary (Humanitarian Concern) Visa (786)
Although these visas are actually old, the current use and this process is only very new. Some asylum seekers are being advised they are currently eligible for one or both of these visas.
There is an information sheet on each visa for information purposes only. The ASRC strongly recommends that any asylum seeker potentially affected by these provisions get independent advice. The use of these visas has serious implications for asylum seekers that they should be aware of before making any decisions.
The contents of documents produced by the ASRC are intended and provided for information purposes only. The ASRC has attempted to ensure that these resources are current and accurate but cannot guarantee this. These resources are provided on the basis that persons accessing it undertake responsibility for assessing the relevance and accuracy of its content. The ASRC does not accept any liability to any person or body for the information (or the use of such information) which is provided in this resource.
These are information sheets only and not legal advice. Anyone using these resources should obtain advice from a registered migration agent or a practicing lawyer. Unless you are a registered Migration Agent providing such advice is a contravention of the Migration Act, and as such, you should encourage your clients to seek advice from a Migration Agent. For information about registered migration agents please visit www.mara.gov.au.
On this page you will find:
For asylum seekers
- Information Sheet #1 – Temporary (Humanitarian Concern) Visa for asylum seekers
- Department of Immigration and Border Protection THCV fact sheet
- Information Sheet #2 – Humanitarian Stay (Temporary) Visa for asylum seekers
- Frequently Asked Questions for Migration Agents and Community Workers
Important disclaimer: These sample letters are provided as a guide and for information purposes only. Anyone using this resource should obtain advice from a registered migration agent or a practising lawyer. For information about registered migration agents please visit: www.mara.gov.au. The ASRC has attempted to ensure that the resource is current and accurate, but it is not responsible for the consequences of any error or omission. The resource is provided on the basis that people accessing it undertake responsibility for assessing the relevance and accuracy of its content.
- Sample Acceptance Letter – Accepting a THCV and/or HSTV
- Sample Letter for not attending Department of Immigration and Border Protection appointment regarding a THCV (786)
- Sample Letter – I am seeking advice on the HSTV (449)
- Sample Letter Refugee Review Tribunal adjournment
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