# Protection visas—classes of visas

> act-s35A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

35A Protection visas—classes of visas
          (1) A protection visa is a visa of a class provided for by this section.
          (2) There is a class of permanent visas to be known as permanent
              protection visas.
               Note:      These visas were classified by the Migration Regulations 1994 as
                          Protection (Class XA) visas when this section commenced.

          (3) There is a class of temporary visas to be known as temporary
              protection visas.
               Note:      These visas were classified by the Migration Regulations 1994 as
                          Temporary Protection (Class XD) visas when this section
                          commenced.

        (3A) There is a class of temporary visas to be known as safe haven
             enterprise visas.









        (3B) The purpose of safe haven enterprise visas is both to provide
             protection and to encourage enterprise through earning and
             learning while strengthening regional Australia.
               Note:      If a person satisfies the requirements for working, study and accessing
                          social security prescribed for the purposes of paragraph 46A(1A)(c),
                          section 46A will not bar the person from making a valid application
                          for any of the onshore visas prescribed for the purposes of
                          paragraph 46A(1A)(b). This does not include permanent protection
                          visas.

          (4) Regulations made for the purposes of subsection 31(1) may
              prescribe additional classes of permanent and temporary visas as
              protection visas.
          (5) A class of visas that was formerly provided for by
              subsection 36(1), as that subsection was in force before the
              commencement of this section, is also a class of protection visas
              for the purposes of this Act and the regulations.
               Example: An example of a class of visas for subsection (5) is the class of visas
                        formerly classified by the Migration Regulations 1994 as Protection
                        (Class AZ) visas. These visas can no longer be granted.
               Note:      This section commenced, and subsection 36(1) was repealed, on the
                          commencement of Part 1 of Schedule 2 to the Migration and Maritime
                          Powers Legislation Amendment (Resolving the Asylum Legacy
                          Caseload) Act 2014.

          (6) The criteria for a class of protection visas are:
               (a) the criteria set out in section 36; and
               (b) any other relevant criteria prescribed by regulation for the
                   purposes of section 31.
               Note:      See also Subdivision AL.