Resolution of Status (Subclass 851) Visa Eligibility Expansion & Identity Integrity Provisions

Policy effect

Expands eligibility for permanent residence under the Subclass 851 (Resolution of Status) visa to additional cohorts of Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) applicants/holders whose circumstances were omitted in earlier transition regulations (e.g., secondary applicants without independent claims, individuals whose TPV/SHEV lapsed before transition day). Also introduces integrity requirements allowing refusal or re-assessment where substantial concerns exist regarding the applicant's identity.

Conditions and exceptions

Validated condition or limit: Expands eligibility for permanent residence under the Subclass 851 (Resolution of Status) visa to additional cohorts of Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) applicants/holders whose circumstances were omitted in earlier transition regulations (e.g., secondary applicants without independent claims, individuals whose TPV/SHEV lapsed before transition day).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

1994 1 Regulation 2.06A (heading) Repeal the heading, substitute: 2.06A Definitions 2 Regulation 2.06A Insert: review/court event occurs: see subregulation 2.08G(1A). 3 Subregulation 2.08G(1) (table items 1 and 2, column 1, paragraph (a)) Repeal the paragraph, substitute: (a) the applicant held a Subclass 785 (Temporary Protection) visa, or a Subclass 790 (Safe Haven Enterprise) visa, on or before the TPV/SHEV transition day; 4 Subregulation 2.08G(1) (cell at table item 2, column 2) Repeal the cell substitute: Immediately after a review/court event occurs in relation to the pre-conversion application if that event occurs on or after the TPV/SHEV transition day 5 Subregulation 2.08G(1) (table item 3, column 1) Omit “to whom all”, substitute “to whom both”. 6 Subregulation 2.08G(1) (table item 3, column 1, paragraph (b) Repeal the paragraph. 7 Subregulation 2.08G(1) (after table item 3) Insert: 3A An applicant in relation to whom both of the following apply: (a) the applicant does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had not made a decision in relation to the pre-conversion application under section 65 of the Act When the Minister makes a record, on or after the TPV/SHEV transition day, that the Minister is satisfied: (a) that the applicant is a member of the same family unit as another person; and (b) that the other person satisfies the criterion mentioned in paragraph 36(2)(a) or (aa) of the Act; and (c) that: (i) if the pre-conversion application is for a SubclassAuthorised Version F2023L01393 registered 18/10/2023 Amendments relating to certain visa applications Schedule 1 Migration Amendment (Resolution of Status Visa) Regulations … 2023 3 OPC66581 - A 785 (Temporary Protection) visa—the applicant would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversion application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of that kind 8 Subregulation 2.08G(1) (table item 4, column 1, paragraph (b)) Repeal the paragraph. 9 Subregulation 2.08G(1) (table item 4, column 1, paragraph (d)) Repeal the paragraph, substitute: (d) on or after the TPV/SHEV transition day, a review/court event occurs in relation to the pre-conversion application 10 Subregulation 2.08G(1) (at the end of the table) Add: 5 An applicant in relation to whom all of the following apply: (a) the applicant does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had made a decision in relation to the pre-conversion application to refuse to grant the visa under section 65 of the Act; (c) on or after the TPV/SHEV transition day, a review/court event occurs in relation to the pre-conversion application When the Minister makes a record, after the review/court event occurs in relation to the pre-conversion application, that the Minister is satisfied: (a) that the applicant is a member of the same family unit as another person; and (b) that the other person satisfies the criterion mentioned in paragraph 36(2)(a) or (aa) of the Act; and (c) that: (i) if the pre-conversion application is for a Subclass 785 (Temporary Protection) visa—the applicant … would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversionAuthorised Version F2023L01393 registered 18/10/2023 Schedule 1 Amendments relating to certain visa applications 4 Migration Amendment (Resolution of Status Visa) Regulations 2023 OPC66581 - A application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of … application. 13 Subitem 1127AA(3) of Schedule 1 (after table item 4) Insert: 4A All of the following apply: (a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) on or after that day, that visa ceased to be in effect (other than because the visa was cancelled); (c) since the applicant was granted that visa, the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) At the time the application for a Resolution of Status (Class … and 785.228(2)(b) of Schedule 2 Omit “or a Resolution of Status (Class CD) visa”. 16 Paragraphs 790.221(3)(b) and 790.228(2)(b) of Schedule 2 Omit “or a Resolution of Status (Class CD) visa”.Authorised Version F2023L01393 registered 18/10/2023 Schedule 2 Amendments relating to the identity of certain visa applicants 6 Migration Amendment (Resolution of Status Visa) Regulations 2023 OPC66581 - A Schedule 2—Amendments relating to the identity of certain visa applicants Migration Regulations 1994 1 At the end of Subdivision 851.22 of Schedule 2 Add: 851.228 (1) This clause applies in relation to …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2023

• 2023-02-14Australia opens permanent Resolution of Status pathway for TPV and SHEV holders
• 2023-07-01Across-the-Board Increase in Visa Application Charges (VACs)
• 2023-09-02Phased Closure and Restriction of the Subclass 408 COVID-19 Pandemic Event Visa Stream
• 2023-11-01Expanded visa cancellation ground for concealed biosecurity goods
• 2023-11-18Enactment of Mandatory Bridging Visa Conditions Regime (Post-NZYQ)
• 2023-11-25Expanded Permanent Residence Pathways under Temporary Residence Transition (TRT) Stream
• 2023-12-08Community Safety Order Scheme & Enhanced Bridging Visa Monitoring Measures
• 2023-12-11Removal of mandatory Workforce Australia advertising for labour market testing