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What is a Return Pending Visa
• The Return Pending Visa (RPV) allows you to remain in Australia
for 18 months in order to make arrangements to depart Australia.
• It gives you the right access to the same benefits and visa
conditions as the Temporary Protection Visa and Temporary Humanitarian
Visa.
• The RPV cannot be extended.
Who is eligible for RPV?
If you :
• hold, or held, a Temporary Protection Visa (subclass 785),
or Temporary Humanitarian Visa (subclass 447 or subclass 451), and
• your application for Further Protection Visa has been finally
rejected, and
• you do not hold any other substantive visa, and
• you have not left Australia since being granted your first
TPV or THV
then you are eligible for the Return Pending Visa.
However, if you:
• received your original visa through illegal means such as
providing false information or documents,
• had your visa refused on character
grounds under section 501 of the Migration Act 1958,
• are excluded from protection under Articles 1F or 33(2)
of the Refugees Convention,
• had your protection visa cancelled, or
• have a substantial criminal
record
How Do I Apply?
• You do not need to apply for a RPV. The application is
made automatically by DIMA who will assess if you are eligible.
• There is no application form or Visa Application Charge
for the RPV.
• If you do not meet the deeming criteria for the RPV you
will not have made an application and will be notified of this in
writing.
• You will receive a letter from the department confirming
the grant or refusal of your RPV. You will also receive a letter
if you are not deemed to have made an application for a RPV.
What if the RPV is not granted?
• If you are notified that you made a valid application for
a RPV but your application was refused you will have the right to
seek review of the decision by the Migration Review Tribunal (MRT).
You must lodge an application for review with the MRT within 21
days from the date on the DIMA notification letter.
• If you are notified that you did not meet the eligibility
criteria and therefore did not make a valid application for a RPV,
you do not have the right to a review.
For more information see DIMA’s
Factsheet 64c: The Return Pending Visa .
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version 4 or later, on your computer. For help with using PDF click
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