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COMMONWEALTH OF AUSTRALIA, 2022
Request for approval to travel
under visa condition 8570 (Restricted Travel)
Form
1454
Department of Home Affairs
About visa condition 8570
Visa condition 8570 applies to primary and secondary holders of
Temporary Protection (subclass 785) and Safe Haven Enterprise
(subclass 790) visas.
Visa condition 8570 provides the following:
The holder must not:
(a) enter a country by reference to which:
(i) the holder was found to be a person to whom Australia has
protection obligations; or
(ii) for a member of the family unit of another holder – the other
holder was found to be a person to whom Australia has
protection obligations; or
(b) enter any other country unless:
(i) the Minister is satisfied that there are compassionate or
compelling circumstances justifying the entry; and
(ii) the Minister has approved the entry in writing.
Information about which family members are considered to be a
‘member of your family unit’ for travel
and migration purposes is
available on the Department of Home Affairs (the Department)
website
www.homeaffairs.gov.au/protectionvisas
There are limited reasons for travelling outside Australia that may
be considered compassionate or compelling. Some examples may
include:
• to visit a close relative who you have not seen in over a year;
• to care for or visit a close relative who is seriously ill or dying;
• to attend the funeral of a close relative; or
• to attend the birth of your own child.
A ‘close relative’ includes your spouse or de facto partner,
your child or step-child, your parents, your brother, sister,
step-brother or step-sister.
Requests for reasons other than those listed will be considered on a
case by case basis.
Requirements for approval to travel under condition 8570
For approval to travel you must:
• hold a Temporary Protection visa (TPV) or a Safe Haven
Enterprise visa (SHEV);
• have a compassionate or compelling reason justifying your
travel; and
• not travel to the country or countries
of reference to which
you, or the primary TPV or SHEV holder, were found to
engage Australia’s protection obligations (country of reference).
How to request approval to travel
Please answer all questions in English.
You should submit this form via email to
travel.request@homeaffairs.gov.au
In this form, please explain in as much detail as possible why your
circumstances are compassionate or compelling enough to justify
entry to the country to which you wish to travel.
The Department generally requires at least 4 weeks to process a
request for travel. If you lodge your request outside that timeframe,
your request will not necessarily be expedited or given priority
unless there is an emergency outside your control.
The Department will normally facilitate re-entry to Australia for
persons holding valid travel documents issued by the Australian
Passport Office, such as a Convention Travel Document. You need
to be aware
that if you travel overseas, with or without obtaining
approval to travel, you do so at your own risk. Consular assistance
is only available to Australian citizens, and only to permanent
residents in crisis situations.
Documents and supporting evidence
If you have any documents to evidence your circumstances, please
attach them. For example, a medical or death certificate may
support a claim that your close relative is ill or has died, or
evidence of your relationship with the relative you propose to visit,
such as a marriage certificate. In
addition to the documentary
evidence of your reason(s) for travel, please provide evidence of
permission to enter the country of intended travel, for example, a
visa grant letter. Use the checklist on page 8 to ensure you have
submitted the required information and evidence.
Failure to provide the required information and evidence may
cause delays in processing your request.
Documents in a language other than English should be
accompanied by an English translation completed by a NAATI
accredited translator. For more information, see the NAATI
website
www.naati.com.au
You must provide the Department with genuine information. If
you provide false information or fraudulent documents, you may
not be given approval to travel.
You must provide the Department
with your Convention Travel
Document details before you depart Australia, so that it is linked
to your visa to allow you to return to Australia. The travel
document should be valid for at least the duration of your
proposed travel. It is recommended that you do not travel on a
document issued by your country of reference.
Travel outside Australia without approval
If you enter your country of reference, or travel to any other
country without receiving written approval from the Department,
you will breach visa condition 8570, which may result in
cancellation of your visa and the visas of members of your family
unit.
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Advance
purchase of airline tickets
We strongly suggest that you do not purchase airline tickets or
finalise any travel arrangements before the request for approval to
travel is decided. The Department cannot guarantee that it will
process your request to travel before the intended date of travel.
Having purchased an airline ticket is not itself evidence of
compassionate or compelling circumstances.
What is immigration assistance?
A person gives immigration assistance if he or she uses, or purports
to use, his or her knowledge or experience in migration procedure
to assist a person with matters related under the
Migration
Act 1958.
Immigration assistance is often provided during visa application
processes, visa cancellation processes or sponsorship processes
(including monitoring or sanctions).
Note
: Immigration assistance does not include simply filling in an
application form, translating or interpreting or passing on
information about an application
without comment or
explanation.
Registered migration agents
A registered migration agent is a person who is registered with the
Office of the Migration Agents Registration Authority (OMARA)
to provide immigration assistance.
If operating in Australia, migration agents must be registered with
the OMARA.
Information on registered migration agents, including how to find
one, is available on the OMARA website
www.mara.gov.au
Legal practitioners
A legal practitioner is a lawyer who holds an Australian legal
practising certificate (whether restricted or unrestricted) granted
under a law of an Australian state or territory.
Legal practitioners can provide immigration assistance in
connection with legal practice.
Information on legal practitioners,
including how to find one, is
available on the Law Council of Australia website.
Information on legal practitioners can also be sought from the
relevant state or territory legal professional bodies.
Exempt persons
The following people do not have to be a registered migration
agent or legal practitioner in order to provide immigration
assistance:
• a close family member (spouse, child, adopted child, parent,
brother or sister of a visa applicant)
• a sponsor or nominator for a visa applicant
• a member of parliament or their staff
• a member of a diplomatic mission, consular post or
international organisation.
An exempt person
must not charge a fee for their assistance. In
Australia, if they do charge a fee, they
are committing an offence
and penalties of up to 10 years jail can apply.
Appointing a registered migration agent/legal practitioner/exempt
person
Your registered migration agent/legal practitioner/exempt person
should complete form 956
Appointment of a registered migration
agent, legal practitioner or exempt person.
Form 956 is available from the Department’s website