Fillable Form 1463: under visa condition 8559 (Must not (Department of Home Affairs)

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Form 1463: under visa condition 8559 (Must not (Department of Home Affairs)

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Country of origin: AUSTRALIA
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1463 (Design date 01/21) - Page 1© COMMONWEALTH OF AUSTRALIA, 2021
Request for approval to travel
under visa condition 8559
(Must not enter country of reference)
Form
1463
Department of Home Affairs
About visa condition 8559
Visa condition 8559 applies to primary and secondary holders of
Permanent Protection visas (subclass 866) granted on or after
3 June 2013.
Visa condition 8559 provides the following:
The holder must not enter the country by reference to which:
(a) the holder; or
(b) 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 unless 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
Approval to enter the country or countries by reference to which
you, or the primary applicant on your Permanent Protection visa
application, were found to engage Australia’s protection
obligations (country of reference) may be given in circumstances
that are compassionate and compelling. Some examples could be:
• to care for or visit a close relative who is seriously ill or dying;
• to attend the funeral of a close relative.
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 8559
If you hold a Permanent Protection visa (subclass 866) granted
on or after 3 June 2013 you must:
• have a compassionate and compelling reason justifying entry
to your country of reference; and
• receive approval in writing from the Minister, or the Minister’s
delegate, before you enter that country.
You must seek approval to enter your country of reference on
every occasion you intend to travel there.
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 and compelling enough
to justify entry to your country of reference.
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, 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. Use the checklist on page 7 to ensure
you have submitted the required information and evidence.
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
The Department generally requires at least 4 weeks to process a
request to enter the country of reference. 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.
You must provide the Department with genuine information.
If you provide false information or fraudulent documents, you
may not be given approval to enter your country of reference.
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 to your country of reference without approval
You must seek approval to enter your country of reference on
every occasion you intend to travel there.
If you enter your country of reference without receiving written
approval from the Department, you will breach visa condition
8559, which may result in the cancellation of your visa and the
visas of members of your family unit.
You do not need to seek approval to enter any country apart
from your country of reference.
1463 (Design date 01/21) - Page 2 © COMMONWEALTH OF AUSTRALIA, 2021
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 to your country of reference is decided. The
Department cannot guarantee that it will process your request
before the intended date of travel. Having purchased an airline
ticket is not itself evidence of compassionate and compelling
circumstances.
Immigration assistance
A person gives immigration assistance to you if he or she uses, or
claims to use, his or her knowledge or experience in migration
procedure to assist you with your request.
In Australia a person may only lawfully give immigration
assistance if he or she is a registered migration agent or is exempt
from being registered. Only registered migration agents may
receive a fee or reward for providing immigration assistance.
If an unregistered person in Australia, who is not exempt from
registration, gives you immigration assistance they are
committing a criminal offence and may be prosecuted.
Migration agents in Australia
Migration agents in Australia must be registered with the Office
of the Migration Agents Registration Authority (Office of the
MARA) unless they are exempt from registration.
Migration agents outside Australia
Migration agents who operate outside Australia do not have to be
registered. The Department may give some overseas agents an
ID number. This number does not mean that they are registered.
Note: Some Australian registered migration agents operate
overseas.
Migration agent information
A migration agent is someone who can:
• tell you the documents you need to submit with your request;
• help you fill in the request and submit it; and
• communicate with the Department on your behalf.
If you appoint a migration agent, the Department will assume
that your migration agent will be your authorised recipient,
unless you indicate otherwise.
Your migration agent will be the person with whom the
Department will discuss your request and from whom it will seek
further information when required.
You are not required to use a migration agent. However, if you
use a migration agent, the Department encourages you to use a
registered migration agent. Registered agents are bound by the
Migration Agents Code of Conduct, which requires them to act
professionally in their clients’ lawful best interests.
Information on migration agents, including a list of registered
migration agents, is available on the Office of the MARA website
www.mara.gov.au
You can also access information about migration agents on the
Department’s website www.homeaffairs.gov.au
Exempt persons
The following people do not have to be a registered migration
agent in order to provide immigration assistance, but they must
not charge a fee for their service:
• a close family member (spouse, de facto partner, child, parent,
brother or sister);
• a member of parliament or their staff;
• an official whose duties include providing immigration
assistance (eg. a Legal Aid provider);
• a member of a diplomatic mission, consular post or
international organisation.
Appointing a migration agent/exempt person
To appoint a migration agent/exempt person you should
complete Options for receiving written communications.
Your migration agent/exempt person should complete form 956
Advice by a registered migration agent/exempt person of
providing immigration assistance.
Form 956 is available from the Department’s website
https://immi.homeaffairs.gov.au/help-support/
departmental-forms
Options for receiving written communications
If you do not appoint a migration agent/exempt person you may
still authorise another person, in writing, to receive written
communications on your behalf. This person is called the
authorised recipient.
Authorised recipient information
All written communication about your request will be sent to
your authorised recipient.
The Department will communicate with the most recently
appointed authorised recipient as you may only appoint one
authorised recipient at any time for a particular request.
You will be taken to have received any documents sent to that
person as if they had been sent to you.
To appoint an authorised recipient you should complete:
• Options for receiving written communications; and
• form 956A Appointment or withdrawal of an authorised
recipient.
Note: Migration agents/exempt persons do not need to complete
form 956A.
Form 956A is available from the Department’s website
https://immi.homeaffairs.gov.au/help-support/
departmental-forms
Consent to communicate electronically
The Department may use a range of means to communicate with
you. However, electronic means such as email will only be used if
you indicate your agreement to receiving communication in this
way.
To process your request the Department may need to
communicate with you about sensitive information, for example,
health, police checks, financial viability and personal
relationships. Electronic communications, unless adequately
encrypted, are not secure and may be viewed by others or
interfered with.
If you agree to the Department communicating with you by
electronic means, the details you provide will only be used by the
Department for the purpose for which you have provided them,
unless there is a legal obligation or necessity to use them for
another purpose, or you have consented to use for another
purpose. They will not be added to any mailing list.
The Australian Government accepts no responsibility for the
security or integrity of any information sent to the Department
over the internet or by other electronic means.
If you authorise another person to receive documents on your
behalf and they wish to be contacted electronically, their
signature is required on form 956 or 956A to indicate their
consent to this form of communication.
Note: Electronic communication is the fastest means of
communication available and the Department prefers to
communicate electronically because this results in faster
processing.
1463 (Design date 01/21) - Page 3© COMMONWEALTH OF AUSTRALIA, 2021
Important information
Despite any travel approved by the Department, please note that
it is an offence to travel to a declared area under section 119.2 of
the Criminal Code Act 1995, unless you do so for one of the
specific purposes outlined in that Act. For up-to-date information
on declared areas, see the Australian National Security website
www.nationalsecurity.gov.au/whataustraliaisdoing/pages/
declaredareaoffence.aspx
You may wish to seek independent legal advice before travelling
to a country with a declared area.
Your personal information is protected by law, including the
Privacy Act 1988. Important information about the collection,
use and disclosure (to other agencies and third parties, including
overseas entities) of your personal information, including
sensitive information, is contained in form 1442i Privacy notice.
Form 1442i is available from the Department’s website
https://immi.homeaffairs.gov.au/help-support/
departmental-forms or offices of the Department. You should
ensure that you read and understand form 1442i before
completing this form.
Home page
www.homeaffairs.gov.au
General
enquiry line
Telephone 131 881 during business hours
in Australia to speak to an operator (recorded
information available outside these hours).
If you are outside Australia, please contact
your nearest Australian mission.
Please keep these information pages for your reference
This page is intentionally blank
1463 (Design date 01/21) - Page 5© COMMONWEALTH OF AUSTRALIA, 2021
Request for approval to travel
under visa condition 8559
(Must not enter country of reference)
Form
1463
Department of Home Affairs
Please open this form using Adobe Acrobat Reader.
Either type (in English) in the fields provided or print this form
and complete it (in English) using a pen and BLOCK LETTERS.
Tick where applicable
3
Your details
1 Your full name
Family name
Given names
2 Other names you are, or have been, known by
(including name at birth, previous married names, aliases)
3 Date of birth
Day Month Year
4 Client ID (11 digit number on your visa grant notice)
5 Address for correspondence (in Australia)
Postcode
6 Your telephone numbers
Office hours
( Area code )
After hours
( Area code )
7 Do you agree to the Department communicating with you by email or
other electronic means?
No
Yes
Give details
Email address
8 Details from your travel document
Attach a copy of your travel document (if available).
Travel document number
Country of travel document
Date of expiry
Day Month Year
Issuing authority/place of issue as shown in your travel document
Family members
9
Give details of ALL members of the family unit who wish to travel with you
(as shown in their travel document)
Attach a copy of the travel document (if available) for each member of
the family unit.
1. Family name
Given names
Other names family member is, or has been, known by
(including name at birth, previous married names, aliases)
Date of birth
Day Month Year
Travel document number
2. Family name
Given names
Other names family member is, or has been, known by
(including name at birth, previous married names, aliases)
Date of birth
Day Month Year
Travel document number
If insufficient space, attach additional details
1463 (Design date 01/21) - Page 6 © COMMONWEALTH OF AUSTRALIA, 2021
Travel details
10 Give details of where you intend to stay in your country of reference
Country Address
Intended travel dates
Day Month Year
From
To
From
To
If insufficient space, attach additional details
11 Date of intended departure from Australia
If you do not have a specific departure date, state the month and year.
Day Month Year
12 Date of intended return to Australia
If you do not have a specific return date, state the month and year.
Day Month Year
13
Give details of reasons for entry to your country of reference including
whether you intend to enter a declared area as defined under section
119.3 of the Criminal Code Act 1995.
Attach additional documents to this form if necessary.
If insufficient space, attach additional details
14 Give details of the person you intend to visit in your country of reference
Family name
Given names
Date of birth
Day Month Year
Nationality
Address
Postcode
Relationship to you
Migration status of the person (above) in the country you intend to enter
1463 (Design date 01/21) - Page 7© COMMONWEALTH OF AUSTRALIA, 2021
Assistance with this form
15 Did you receive assistance in completing this form?
No
Go to Question 19
Yes
Please give details of the person who assisted you
Title: Mr Mrs Miss Ms Other
Family name
Given names
Relationship to you
Address
Postcode
Telephone number or daytime contact
Office hours
( ) ( )
Country code Area code Number
Mobile/cell
16 Is the person an agent registered with the Office of the Migration Agents
Registration Authority (Office of the MARA)?
No
Yes
Go to Question 19
17 Is the person/agent in Australia?
No
Go to Question 19
Yes
18 Did you pay the person/agent and/or give a gift for this assistance?
No
Yes
Options for receiving written
communications
19 All written communications about this application should be sent to:
(Tick one box only)
Myself
OR
Authorised
recipient
OR
You should complete form 956A Appointment
or withdrawal of an authorised recipient
Migration agent
OR
Exempt person
Your migration agent/exempt person should
complete form 956 Advice by a registered
migration agent/exempt person of providing
immigration assistance
Checklist
20 Use this checklist before you lodge this form.
Have you answered all questions?
Have you included evidence to support your reasons for
entering your country of reference?
Have you provided a copy of the travel document of each
person intending to travel (if available)?
Have you provided evidence of the urgency of your intended
entry to your country of reference (if any)?
Have you provided evidence of your travel booking/
reservation (if available)?
Have you provided evidence of your relationship with the
relative(s) you are intending to visit (if available)?
Declaration
21 WARNING: Giving false or misleading information or documents is a
serious offence.
I declare that:
• the information I have supplied in this application is complete,
correct and up-to-date in every detail.
• I have read the information contained in form 1442i Privacy notice.
• I understand the Department may collect, use and disclose my
personal information (including biometric information and other
sensitive information) as outlined in form 1442i Privacy notice.
Your signature
-
Date
Day Month Year
We strongly advise that you keep a copy of your request and
all attachments for your records.
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Form 1463: under visa condition 8559 (Must not (Department of Home Affairs)

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Completed 19 October 2021

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