Travel condition 8570

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If you were granted a Temporary Protection visa (TPV) on or after 16 December 2014 or a Safe Haven Enterprise visa (SHEV), your visa will have condition 8570 attached. This condition was introduced so TPV and SHEV holders can travel outside Australia if there are compassionate or compelling circumstances that justify the travel and we approve it in writing.

However, you cannot travel to the country from which you, or the primary applicant on your TPV or SHEV application, were granted protection (your home country). If you do travel to that country, your visa could be cancelled.

If you were granted a TPV before 16 December 2014, you cannot get approval to travel overseas. Your TPV is a different class of visa (Class XA-785). If you leave Australia, your Class XA-785 TPV will cease. If you hold this type of visa and want to travel, you will need to apply for and be granted a different TPV (Class XD) or a SHEV.

You will not get approval to travel if your TPV or SHEV application is currently being assessed. Any request for approval to travel can only be considered if you have been granted a TPV or SHEV. If you are on a bridging visa and do leave Australia before you are granted a TPV or SHEV, your bridging visa will cease and you will not be allowed to re-enter Australia.

You will not be allowed to travel to your home country after being granted a TPV or SHEV. To be granted a TPV or SHEV, you claimed that you cannot return to the country from which you were found to engage Australia's protection obligations. As such, you will not be given approval to travel to that country. If you do travel to that country, your visa could be cancelled.

Travel to any country except your own country

You can ask for approval to travel to any country except the country from which you, or the primary applicant on your TPV or SHEV application, were found to engage Australia's protection obligations. To ask for approval to travel, fill out and submit form 1454—Request for approval to travel under condition 8570 (Restricted Travel).

When making a request, you should tell us and, where possible, provide evidence of:

  • which countries you want to enter, including all countries that you plan to visit or transit through
  • the reasons for entering each country
  • when you intend to depart Australia
  • the intended length of travel in each country, including transit countries
  • your contact details while you are outside Australia
  • who you want to visit, including their full name, dates of birth, contact details and your relationship to them
  • your claim of compassionate or compelling circumstances justifying your need to enter the country
  • your identity card or other photographic identity document
  • your travel arrangements (if already made)
  • your travel documents (if available)
  • the details of your migration agent or legal representative, if you have one.

Email your completed Form 1454 and all accompanying documents presented as evidence to travel.request@border.gov.au.

We generally require at least four weeks to process a request for travel. If you lodge your request outside that timeframe, your request will not necessarily be given priority processing unless there is an emergency outside your control.

If the country which you want to travel to contains a declared area, we will likely take longer than four weeks to process your request.

If you need to travel urgently, follow the usual process for requesting approval to travel. When you submit the request, tell us that it is urgent, why it is urgent and the timeframe in which you want to travel.

We will give you a letter telling you the outcome of your request for approval to travel. We will give you this in person, by email or by post, depending on which method you nominate.

We strongly suggest that you do not purchase air tickets or finalise any travel arrangements before we tell you our decision on your request for approval to travel. We cannot guarantee that we will process your request to travel before your intended date of travel.

Having purchased an air ticket is not of itself evidence of compelling or compassionate circumstances.

There are limited reasons for travelling outside Australia that could be considered compassionate or compelling. Some examples are:

  • to visit close relatives who you have not seen in over a year
  • to care for close relatives who are seriously ill
  • to attend the funeral of a close relative.

A close relative include your spouse or de facto partner, your child or step-child, your parents, your brother or sister or step-brother or step-sister.

We will assess the reasons you give for this travel and decide whether or not to give you approval to do so.

Travel documents

You should get a travel document from the Australian Passport Office of the Department of Foreign Affairs and Trade (DFAT).

If you have been issued with a new travel document since your TPV or SHEV was granted, you must give us your new travel document details. As your electronic visa details are linked to your travel document, you may be delayed when travelling if you have not updated your travel document details with us.

To update your travel document details, fill out form 929—Change of address and/or passport details and email it to travel.request@border.gov.au.

Your travel document should be valid for at least as long as your proposed length of travel. If your travel document expires while you are outside Australia, you might not be able to renew it and would therefore be unable to return to Australia.

You cannot use your passport issued by the country from which you claimed Australia's protection. If you do, this could mean that you no longer are in need of protection from your home country. In this case, your TPV or SHEV could be cancelled.

It is your responsibility to get any visa or other permission you might need to enter the country you want to visit and to check that your DFAT travel document allows you to enter that country.

It is your responsibility to ensure that your TPV or SHEV is valid for the entire time you are outside Australia. Without a visa, you cannot return to Australia. If your TPV or SHEV expires while you are outside Australia, you will not be able to apply for another TPV or SHEV.

After your travel

As soon as possible after you return to Australia, you should give us evidence that you have complied with condition 8570. You can do this by sending a copy of your boarding passes and any other evidence (such as entry and exit stamps) to travel.request@border.gov.au. We will consider this information when deciding any future travel requests you make.

If my request for approval to travel is refused, is that decision final?

Yes. Once we have made a decision, it is a final decision for that travel request. That is why it is important to provide as much evidence as you can when you ask for approval to travel.

What if I am given approval to travel, then need to change my travel plans while I am outside Australia?

You need to ask for approval to travel to each country. If you need to change your travel plans, email travel.request@border.gov.au with the compassionate or compelling reasons why you need to enter a particular country and ask for written approval to do so before travelling to that country. You must not travel to the country from which you, or the primary applicant on your TPV or SHEV application, were found to engage Australia's protection obligations, under any circumstances.

You should not travel to any country until you have received written approval to do so. If you do travel to a country without approval, your visa could be cancelled.

If I get approval, can I travel multiple times?

No. If we give you approval to travel outside Australia, this will be valid for one trip only. If you want to travel again because of compassionate or compelling circumstances after you have returned to Australia, you will need to ask for and get approval to travel again. If you travel a second time without getting written approval from us, your visa could be cancelled.

Does my approval to travel under condition 8570 include approval to travel to a declared area?

No. The Minister for Foreign Affairs can declare an area in a foreign country if they are satisfied that a listed terrorist organisation is engaging in hostile activity in that area. You could be committing a criminal offence if you intentionally enter, or stay in, an area in a foreign country that you know, or should know, is a declared area under the Criminal Code Act 1995. The declared area offence is separate to condition 8570 and it is not managed by us. You should seek independent legal advice if you are travelling to a declared area.

Travel outside Australia without approval

If you travel outside Australia without written approval from us, you will breach condition 8570.

You need to ask for and receive written approval to enter a specific country before you depart Australia, or you will breach this condition.

Breaching this condition could lead to your visa, and the visas of your family members, being considered for cancellation. If your visa is cancelled while you are outside Australia, you will not be able to return to Australia.