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Visa Condition 8559: Can a Protection Visa Holder Travel to Their Home Country?

2 days ago
2 min read

Visa condition 8559 restricts travel by Permanent Protection visa holders to the country or countries by reference to which Australia found that protection obligations were engaged.


What does condition 8559 require?

A subclass 866 holder must not enter the relevant country of reference unless written approval has been obtained before travel. Home Affairs states that approval is only given where compassionate or compelling circumstances justify the entry.


Form 1463 and advance approval

Home Affairs Form 1463 is used to request approval. The form states that a holder must seek approval on every occasion they intend to enter the country of reference and generally recommends lodging the request at least 4 weeks before intended travel.


What can happen if you travel without approval?

Entering the country of reference without written approval breaches condition 8559 and may expose the holder — and potentially relevant family members — to visa cancellation action.


What about using the home-country passport?

Home Affairs recommends that subclass 866 holders do not use a passport or travel document issued by the country of nationality because doing so may raise questions about whether the person continues to require Australia's protection.


Sources


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