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Submission
For decision
PDMS Ref. Number: MS24-001460
Date of Clearance: 06/08/2024
To
Minister for Home Affairs, Minister for Immigration and Multicultural
Affairs, Minister for Cyber Security
Subject
Longer-term visa options for onshore Palestinians, Israelis and
Ukrainians affected by recent crises
Timing
Not time critical, however an early decision will enable the rollout of the preferred
visa pathway and associated supports.
Recommendations
That you:
1. Agree to provide, on a case by case basis, Palestinian
agreed / not agreed
nationals and Israeli nationals from affected areas who are
in Australia an offer of a temporary stay in Australia.
2. Agree that individuals will be prioritised for consideration
agreed / not agreed
of an offer of subclass 449 and 786 visas on the basis of the
following compassionate and compelling circumstances:
s. 47C(1)
3. Agree existing checks for the subclass 786 visa, including
agreed / not agreed
character, security and health, be retained for this cohort,
s. 47E(d)
4.
agreed / not agreed
s. 47C(1), s. 47E(d)
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5. Agree that Ukrainian nationals currently holding a subclass
agreed / not agreed
786 visa be provided a pathway to a permanent Resolution
of Status (subclass 851) visa on a case by case basis prior to
their subclass 786 visa expiring (with no announcement at
this stage).
6. s. 47C(1)
7. Note further advice on implementation, including
noted / please discuss
resourcing implications, will be provided should you agree
to the approach above.
Minister for Home Affairs, Minister for Immigration and
Multicultural Affairs, Minister for Cyber Security
Signature………………………………………………
Date:……/……./2024
Minister’s Comments
Key Issues
Pathways for Palestinians and Israelis
1. Since the commencement of the Hamas-Israel conflict, Australia has supported the assisted
departure of Australian citizens and permanent residents, as well those with a close
connection to Australia, from Israel and the Occupied Palestinian Territories.
a. Between 7 October 2023 and 29 July 2024 the Department of Home Affairs (the
Department) has granted more than 2,906 migration and temporary visas to people
declaring Palestinian citizenship, including 2,555 visitor visas to people who met all
visa requirements.
b. As at 29 July 2024, of the 1,387 Palestinian arrivals between 7 October 2023 and
29 July 2024; 735 have applied for a Protection (subclass 866) visa.
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2. s. 47C(1)
this submission seeks agreement to the
below longer-term visa response for Palestinians and Israelis from affected areas who are in
Australia. The offer will provide immediate certainty for vulnerable visa holders in Australia
who are unable to return due to the ongoing Hamas-Israel conflict.
a. A three-year temporary pathway (through an offer of a subclass 449 visa followed
by a subclass 786 visa) for Palestinians and Israelis from affected areas who are in
Australia, provided on a case by case basis. The subclass 786 visa would provide visa
holders with work and study rights, and access to Medicare, Special Benefits and
settlement services.
b. s. 47C(1), s. 47E(d)
c. Prioritising the offer to individuals with compassionate and compelling
circumstances as outlined in recommendation 2.
i. s. 47E(d)
d. The application of existing public interest criteria including health, security and
character checks.
s. 47C(1)
Pathways for Ukrainians
5. Since 24 February 2022, 17,400 visas have been issued to Ukrainians with 13,300 having since
arrived in Australia. Of these, 3,696 individuals (as at 30 June 2024) hold a subclass 786 visa.
s. 47C(1)
6. s. 47C(1)
Next steps
7. s. 47C(1)
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Proposed implementation for 786 pathway
8. The subclass 786 visa requires an offer to be made by the Government and accepted. The visa
is then processed through two steps:
a. subclass 449 - Humanitarian Stay (Temporary) visa.
i. Grant criteria = individual is ‘displaced’, and meets Public Interest Criteria
4002 (security) and 4003A (not associated with proliferation of weapons of
mass destruction) and 4007 (health – can be waived).
b. subclass 786 Temporary (Humanitarian Concern) visa – three year stay
i. Grant criteria = applicant holds a subclass 449 visa, the Minister is satisfied
they should stay due to ‘humanitarian concern’, and they meet Public
Interest Criteria 4002, 4003A, have undertaken a medical examination
(including chest x-ray), and pass the character test unless the Minster is
otherwise satisfied there are no character concerns.
9. s. 47E(d)
10. s. 47C(1)
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Background
11. While the subclass 786 visa provides access to Medicare, the 449 visa does not. s. 47C(1), s. 47E(d)
a. Providing Medicare access to subclass 449 holders would require a legislative
instrument signed by the Minister for Health and Aged Care.
12. s. 47C(1)
a. s. 47C(1)
b. s. 47C(1)
13. Palestinian and Israeli nationals in Australia who are not offered the subclass 786 visa option
may be able to access other visa options, including the skilled, family, student and visitor visa
programs. Those who are unable to access those visa options or cannot return to Palestine or
Israel may apply for a Bridging E (subclass 050) visa (BVE) or a Protection (subclass 866) visa.
Arrangements have been made for Palestinian and Israeli nationals from affected areas who
hold BVE visas to access Medicare. A Bridging Visa granted in association with a Protection
visa application also provides access to Medicare, work rights and free Translating and
Interpreting Services.
14. s. 47C(1)
The RoS provides further access to family reunion and full range of government
benefits/services.
15. s. 47C(1), s. 47E(d)
Consultation – internal/external
16. Acting Chief Finance Officer was consulted on this submission.
17. Group Manager Legal was consulted on this submission.
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Consultation – Secretary / Associate Secretary Immigration / ABF Commissioner
18.
SECRETARY - The Secretary requested this advice be provided to you and was consulted on
this submission.
19.
ASSOCIATE SECRETARY IMMIGRATION - was consulted on the approach in the submission.
20.
ABF COMMISSIONER - The Commissioner was not consulted on this submission.
Client service implications
21. The Department will engage closely with affected individuals through the Palestinian and
Israeli communities in Australia and public communications mechanisms. Similarly the
Department will work closely with Ukrainian communities in rolling out the RoS visa on a case
by case basis. s. 47E(d)
22. s. 47C(1)
Risks and Sensitivities
23. s. 47C(1), s. 47E(d)
s. 47C(1)
24. s. 47E(d)
a. s. 47E(d)
b. s. 47E(d)
25. s. 47E(d)
Financial/systems/legal/deregulation/media implications
26. s. 47C(1)
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27. s. 47C(1)
28. s. 47C(1)
29. Should you agree to the proposal in this submission, a communication strategy (including
media) will be developed, s. 47C(1)
30. The Department will provide further advice on implementation including on resourcing,
systems and other processing implications.
Attachments
Attachment A
s. 47C(1)
Authorising Officer
Cleared by:
Andrew Kiley
First Assistant Secretary
Refugee, Humanitarian and Settlement Division
Date: 12 August 2024
Mob: s. 22(1)(a)(ii)
Contact Officer Michael Peterer, A/g Assistant Secretary, Humanitarian Policy and Child Wellbeing Branch, Ph: s. 22(1)(a
/ Mob: s. 22(1)(a)(ii)
Through
Secretary
Acting Chief Finance Officer
Group Manager Legal
CC
ABF Commissioner
Associate Secretary Immigration
DS Chief Operating Officer
DS Executive
DS Cyber and Infrastructure Security
DS National Security and Resilience
GM Technology and Major Capability
GM Immigration Policy
GM Immigration Operations
FAS Executive Coordination
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s. 47C(1)
s. 47C(1)
s. 47E(d), s. 47C(1)
s. 34(3), s. 47C(1)
s. 47E(d), s. 47C(1)
s. 47C(1)
s. 47C(1)
