If you are seeking protection in Australia and did not arrive lawfully, you can only apply for a temporary protection visa.
The relevant visas are the SHEV (subclass 790) and the Temporary Protection visa (subclass 785).
The SHEV became available on 1 July 2015. The areas that are currently considered part of regional Australia for the SHEV ‘pathway’ requirements (see below for further) are postcodes in New South Wales apart from Sydney, the Central Coast, Newcastle and Wollongong, and all postcodes in Tasmania. If you are seeking information about the SHEV, please contact one of our migration lawyers to find out about current immigration law.
You may be eligible for a SHEV if:
A SHEV allows you to:
If you wish to travel outside of Australia as the holder of a SHEV, you must apply for approval and show compassionate or compelling circumstances that justify the travel. You will not be able to travel to the country from which you have been granted protection.
Prior to the expiry of your SHEV, you are eligible to apply for another SHEV or a TPV. You will have your claims for protection assessed again to determine whether you face a real chance of persecution, or a real risk of significant harm, in your country of origin.
SHEV ‘pathway’ requirements to apply for another type of visa
You may also be able to apply for some other types of visas if you have held a SHEV for at least 3.5 years and if, during that time:
You could also be eligible to apply for a substantive visa if a member of your family unit that was included on your SHEV application meets the above requirements and that family member is included, or has included you, in any subsequent visa application.
The areas that are currently considered part of regional Australia for the SHEV ‘pathway’ requirements are postcodes in New South Wales apart from Sydney, the Central Coast, Newcastle and Wollongong, and all postcodes in Tasmania.
If you are eligible to apply for a visa other than another SHEV or a TPV, you will need to meet all the criteria for that visa.
A SHEV does not allow you to:
Over the past 15 years, we have acted in over 9,000 protection visa cases and have extensive knowledge and experience in this field. We highly recommend that you contact one of our experienced Solicitors and Registered Migration Agents to obtain advice about your application for a SHEV.
This page provides a summary of the SHEV as at November 2015. Australian immigration law is complex and changes regularly. We therefore recommend that you contact us to confirm the requirements for a SHEV and consult with one of our experienced Solicitors and Registered Migration Agents.