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What types of visas you would be granted if you are successful

Before 27 August 2004 TPV holders were only eligible to apply for a Class XA visa unless

• granted permission by the Minister to apply for another type of visa or

• they left Australia to apply overseas for another visa .

Since 27 August 2004 some TPV holders and secondary movement visa holders can apply for other types of visas (even though their visas are subject to a condition that saying they cannot be granted any other visa than a protection visa.

To learn more about these mainstream visas, please click here.

Until 1 July 2005, some TPV holders who arrived in Australia as unaccompanied minors and have lived their
formative years in Australia may under some circumstances be eligible to apply for a Close Ties Visa.


To learn more about this visa, please click here. This information is in PDF form.
You will need the Adobe Reader, version 4 or later, on your computer. For help with
using PDF click here.

Further Protection Visas

The type of protection visa a TPV holder will be eligible for will depend on the date that
the further protection visa application was lodged with DIMA.

• If an applicant made their application for a FPV before 27 September 2001, they can obtain a Permanent Protection Visa (provided they meet the criteria for the visa).

• If an applicant made their application for a further protection visa after 27 September 2001
it depends on whether the 7 Day Rule applies.

7 Day Rule

If an applicant stayed in another country for more than 7 days on their way to Australia, and
they sought and obtained effective protection from that country or obtained protection through the offices of the United Nations High Commissioner for Refugees (UNHCR) in that country, then the ‘7 Day rule’ applies.

After making an application for a FPV; if you meet the definition of a refugee under the Refugees Convention but fall within the 7-Day rule provision, then t you will be eligible for another TPV unless
the DIMA waives this requirement and grants you a permanent protection visa because it is in the public interest to do so. However, you may be eligible for a mainstream visa. (See above) .


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Last update: 6/08/10

LEGAL DISCLAIMER
The information on this website is not a substitute for legal advice.
If you have legal questions about a case, you should seek assistance from RAILS or another registered migration agent. Immigration law is constantly changing and no responsibility is taken for the accuracy of any information that may appear on this or any linked websites.

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