Subclass 785
The Subclass 785 Temporary Protection visa (TPV) gave up to 3 years of protection to people who arrived without a valid visa. It is now closed to new applicants.
Temporary Protection Visa (TPV) Holders
The Subclass 785 was granted to people who arrived in Australia without a visa, including Unauthorised Maritime Arrivals and people who were not immigration cleared, and who were found to engage Australia's protection obligations. It allowed a stay of up to 3 years, with work and study rights and access to Medicare and Centrelink.
The TPV is closed to new applicants. If you hold or held a 785, the main question now is usually your pathway to permanent residence through the Resolution of Status (Subclass 851) visa. At Immilex, we can check your eligibility and help you prepare that application.
Key Factors:
- Refugee Status: You must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
- Complementary Protection: If you do not meet the refugee definition, you may still qualify if there are substantial grounds for believing you face a real risk of significant harm (torture, death penalty, arbitrary deprivation of life, or cruel/inhuman treatment).
- Identity & Security: You must cooperate with the Department to establish your identity. Every applicant undergoes security vetting by ASIO to ensure they are not a risk to the community.
- Character Standards: Must pass character checks. Convictions for serious crimes or being a danger to the Australian community result in mandatory refusal.
- Health Requirement: Must satisfy health criteria, though humanitarian waivers may be applicable.
Subclass 785 - Temporary Protection (TPV)
What it is for: Individuals who arrived without a visa (Unauthorised Maritime Arrivals or those who did not clear immigration).
What it allows: Stay for up to 3 years; work and study rights; access to Centrelink and Medicare.
Key Requirements:
- Arrived without a visa/not immigration cleared.
- Must engage Australia’s protection obligations.
- Subject to Condition 8503 (No Further Stay) except for subsequent protection visas.
Length: 3 Years (subsequent applications may be required).
Note: The TPV and SHEV pathways are closed to new applicants; eligible historical holders are transitioned to permanent residency via the Resolution of Status (Subclass 851) visa.
Maintaining compliance
- Condition 8570 or 8559 (No Travel to Home Country): Protection visa holders (and bridging visa applicants) are strictly prohibited from traveling to the country from which they claimed protection. Doing so will likely lead to visa cancellation.
- Condition 8501 (Health Insurance): While waiting for a decision, you may need to maintain your health insurance until Medicare is formally activated.
- Work Rights on Bridging Visas: If your application is pending, your work rights depend on the bridging visa granted at lodgement.
The Protection Visa Process
Claims Audit
Assessment of your fear of persecution or risk of significant harm.
Lodgement
Valid onshore lodgement (must be in Australia).
Biometrics & Identity
Fingerprinting and digital photograph collection within 28 days.
Protection Interview
A formal interview with a Departmental officer to discuss your claims in detail.
Visa Decision
Decision on your permanent (866) or temporary (785/790) application.
For Subclass 785 (TPV) Holders
The 785 no longer takes new applications, so for current and former holders the focus is what comes next. Eligible TPV holders are moving to permanent residence through the Resolution of Status (Subclass 851) visa. Your earlier protection claims and the information you gave the Department are on file, so any new application should be consistent with that history.
While you hold a 785, Condition 8503 (No Further Stay) applies, except for later protection visas. You must not travel to the country you claimed protection from.
Frequently Asked Questions
At the time of your subsequent TPV application, the Department will re-assess the country conditions. If the risk has ceased, your further protection visa may be refused.
Australia has strict identity requirements. If you cannot provide a passport, you must cooperate with the Department to establish your identity through other means (birth certificates, ID cards, or school records).
Manage Your Protection Claim with Care
Holding a TPV and unsure where you stand on the 851? Contact us at Immilex for an assessment of your eligibility and the steps to permanent residence.