Protection Visa/Safe Haven Visa Australia
(Last updated Jan 2024)
Australia offers a range of protection visas to individuals seeking asylum due to threats of persecution or significant harm in their home countries. Among these, the Safe Haven Enterprise Visa (SHEV), Temporary Protection Visa (TPV), and Protection Visa (Subclass 866) serve different purposes, catering to various eligibility criteria and needs.
Safe Haven Enterprise Visa (subclass 790)
The Safe Haven Enterprise Visa (SHEV) is a temporary visa for individuals seeking asylum in Australia. It allows eligible applicants to stay in Australia for up to 5 years, with pathways to other visas if specific requirements are met.
Key Features:
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Duration: Stay up to 5 years.
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Work and Study Rights: Permission to work and study in Australia.
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Access to Services: Includes Medicare and certain government benefits.
Eligibility:
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Must engage Australia’s protection obligations or be a family member of someone who does.
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Must meet health, character, and security requirements.
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Must declare intent to work or study in designated regional areas.
Pathway Requirements:
To access the SHEV pathway for other visas, holders must:
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Work in designated regional areas for 42 months without Special Benefit payments, or
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Study full-time in a SHEV regional area for the same period.
Note: Designated regional areas are listed on the Department of Home Affairs website.
Protection Visa (subclass 866)
The Protection Visa (Subclass 866) is a permanent visa for individuals who are found to engage Australia’s protection obligations and meet all criteria.
Key Features:
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Permanent Residency: Allows indefinite stay in Australia.
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Work and Study Rights: Full access to employment and education opportunities.
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Family Inclusion: Eligible family members may be included in the application.
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Access to Benefits: Includes Medicare, Centrelink, and other support services.
Eligibility:
Prioritizes individuals who engage in Australia's protection obligations, such as those facing persecution due to race, religion, nationality, membership of a particular social group, or political opinion.
Applicants must:
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Be in Australia and engage Australia’s protection obligations.
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Meet all visa requirements, including health, character, and security checks.
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Not have held certain temporary protection visas (e.g., SHEV or TPV) unless allowed under specific policy exceptions.
As of 2024, the Protection Visa (Subclass 866) has experienced a significant increase in applications, particularly from individuals affected by ongoing conflicts and humanitarian crises. This surge has led to extended processing times and a backlog of refugee status determinations.
Temporary Protection Visa (subclass 785)
The Temporary Protection Visa (TPV) is a short-term visa for individuals who arrive in Australia without a visa and are found to engage Australia’s protection obligations.
Key Features:
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Duration: Stay in Australia temporarily, usually for up to 3 years.
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Work and Study Rights: Allows holders to work and study in Australia.
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Access to Services: Provides access to Medicare, Centrelink, and short-term counseling for torture and trauma if required.
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Travel Conditions: Visa holders may travel overseas with written approval but cannot return to their home country.
Eligibility:
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Must engage Australia’s protection obligations due to a well-founded fear of persecution or significant harm in their home country.
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Meet health, character, and security requirements.
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Must not have previously been refused or had a protection visa canceled.
Current Prioritisation for Protection Visas
Australia has prioritized protection visa applications from certain nationalities due to significant humanitarian crises:
Myanmar Nationals:
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Applications are being prioritized for Myanmar nationals in response to ongoing conflict.
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This prioritization applies to those who arrived in Australia on valid visas.
Afghan Nationals:
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Afghan nationals are supported by a special humanitarian intake of 31,500 visas over four years, following the return of the Taliban.
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Read more about Visa options for Afghan Nationals.
Palestinian Nationals:
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Recent conflicts in Gaza have led to a significant increase in Palestinian applications.
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While not officially prioritized, the volume of applications has resulted in focused attention and longer processing times.
Granted Protection Visa
Congratulations to our client for getting Protection Visa (Subclass 866) grant!
Good News! Protection Visa (Subclass 866) visa granted for Myanmar national within 1 year.
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Visa while applying for protection visa: Student Visa
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Visa Lodged Date: 26 May 2021
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Interview with Immigration: 18 May 2022
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Visa Grant Date: 27 June 2022
Another protection visa granted!
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Visa while applying for protection visa: Student Visa
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Visa Lodged Date: 19 November 2021
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Interview with Immigration: 3 May 2022
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Visa Grant Date: 30 June 2022
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Book a FREE Consultation Phone/face-to-face Consultation via this link with our Registered Migration Agent via this link: https://www.racc.net.au/booking-calendar/migration-consultation-1
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