Important update regarding Temporary (Humanitarian Concern) Visas (THCV) (786) and Humanitarian Stay (Temporary) Visa (HSTV) (449)
Earlier this year we posted information about the Department of Immigration and Border Protection offering two types of visas to asylum seekers who arrived in Australia by boat or were not immigration cleared at the airport, in an attempt to deny refugees their legal right to a permanent Protection Visa (866 XA Visa).
We informed you that the Department has been utilising two visas:
- Humanitarian Stay (Temporary) Visa (449); and
- Temporary (Humanitarian Concern) Visa (786)
There is important new information about the use of these visas which you should understand.
You may have read in the media that Temporary Humanitarian Concern Visas were disallowed by the Australian Senate. This information is not accurate and could be misleading. Temporary Humanitarian Concern Visas still exist.
However, on 27 March, 2014, the Australian Senate disallowed Regulation 866.222 which means that if you arrived by boat or were not immigration cleared at the airport, you may, once again, be eligible for a permanent Protection Visa (866 XA Visa). It is important to understand how the law stands right now (as at 04 April, 2014) to determine whether you are eligible for a Protection Visa or whether you are still in a position where you might be offered a Temporary Humanitarian Concern visa.
Please read our FACT SHEET (current as at 04 April, 2014) to better understand the law and how it affects you.
On this page you will find:
- Temporary (Humanitarian Concern) Visa FACT SHEET for asylum seekers
- Sample letter -Expedited consideration of your case at the RRT
Please note that this fact sheet is 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. 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.