# Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas > reg-2.08G — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text 2.08G Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas (1) For the purposes of section 45AA of the Act, despite anything else in the Act but subject to subregulations (3) and (4) of this regulation, a valid application (a pre-conversion application) for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa made before the TPV/SHEV transition day by an applicant described in column 1 of an item of the following table is, immediately after this regulation starts to apply in relation to the application under column 2 of the item: (a) taken not to be, and never to have been, a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa, except for the purposes of section 197C of the Act; and (b) taken to be, and always to have been, a valid application for a Resolution of Status (Class CD) visa, made by the applicant. Note 1: As a result, the Minister is required to make a decision on the pre-conversion application as if it were a valid application for a Resolution of Status (Class CD) visa. Note 2: TPV/SHEV transition day is defined in regulation 1.03. Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply 1 An applicant in relation to whom both of the On the TPV/SHEV transition day following apply: (a) the applicant held a Subclass 785 (Temporary Protection) visa, or a Subclass 790 (Safe Haven Enterprise) visa, on or before the TPV/SHEV transition day; (b) before the TPV/SHEV transition day, the Minister had not made a decision in relation to the pre-conversion application under section 65 of the Act 2 An applicant in relation to whom both of the Immediately after a review/court event following apply: occurs in relation to the pre-conversion (a) the applicant held a Subclass 785 (Temporary application if that event occurs on or Protection) visa, or a Subclass 790 (Safe after the TPV/SHEV transition day Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply Haven Enterprise) visa, on or before the TPV/SHEV transition day; (b) before the TPV/SHEV transition day, the Minister had made a decision in relation to the pre-conversion application to refuse to grant the visa under section 65 of the Act 3 An applicant in relation to whom both of the When the Minister makes a record, on following apply: or after the TPV/SHEV transition day, (a) the applicant does not hold, and has not ever that the Minister is satisfied: held, a Subclass 785 (Temporary Protection) (a) if the pre-conversion application is visa or a Subclass 790 (Safe Haven for a Subclass 785 (Temporary Enterprise) visa; Protection) visa—that the applicant (c) before the TPV/SHEV transition day, the satisfies the criteria for the grant of Minister had not made a decision in relation to the Subclass 785 (Temporary the pre-conversion application under Protection) visa; or section 65 of the Act (b) if the pre-conversion application is for a Subclass 790 (Safe Haven Enterprise) visa—that the applicant satisfies the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa 3A An applicant in relation to whom both of the When the Minister makes a record, on following apply: or after the TPV/SHEV transition day, (a) the applicant does not hold, and has not ever that the Minister is satisfied: held, a Subclass 785 (Temporary Protection) (a) that the applicant is a member of visa or a Subclass 790 (Safe Haven the same family unit as another Enterprise) visa; person; and (b) before the TPV/SHEV transition day, the (b) that the other person satisfies the Minister had not made a decision in relation to criterion mentioned in the pre-conversion application under paragraph 36(2)(a) or (aa) of the section 65 of the Act Act; and (c) that: (i) if the pre-conversion application is for a Subclass 785 (Temporary Protection) visa—the applicant would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversion application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of that kind 4 An applicant in relation to whom all of the When the Minister makes a record, following apply: after the occurrence of the event (a) the applicant does not hold, and has not ever mentioned in paragraph (d) of column held, a Subclass 785 (Temporary Protection) 1, that the Minister is satisfied: visa or a Subclass 790 (Safe Haven (a) if the pre-conversion application is Enterprise) visa; for a Subclass 785 (Temporary (c) before the TPV/SHEV transition day, the Protection) visa—that the applicant Minister had made a decision in relation to the satisfies the criteria for the grant of pre-conversion application to refuse to grant the Subclass 785 (Temporary the visa under section 65 of the Act; Protection) visa; or (d) on or after the TPV/SHEV transition day, a (b) if the pre-conversion application is review/court event occurs in relation to the for a Subclass 790 (Safe Haven pre-conversion application Enterprise) visa—that the applicant satisfies the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa 5 An applicant in relation to whom all of the When the Minister makes a record, following apply: after the review/court event occurs in (a) the applicant does not hold, and has not ever relation to the pre-conversion held, a Subclass 785 (Temporary Protection) application, that the Minister is visa or a Subclass 790 (Safe Haven satisfied: Enterprise) visa; (a) that the applicant is a member of (b) before the TPV/SHEV transition day, the the same family unit as another Minister had made a decision in relation to the person; and pre-conversion application to refuse to grant (b) that the other person satisfies the the visa under section 65 of the Act; criterion mentioned in (c) on or after the TPV/SHEV transition day, a paragraph 36(2)(a) or (aa) of the review/court event occurs in relation to the Act; and pre-conversion application (c) that: (i) if the pre-conversion application is for a Subclass 785 (Temporary Protection) visa—the applicant would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversion Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of that kind Note: For column 2 of items 3 to 5, if the Minister is not satisfied that the applicant satisfies the criteria for the grant of the visa, this regulation never starts to apply. (1A) For the purposes of items 2, 4 and 5 of the table in subregulation (1), a review/court event occurs in relation to a pre-conversion application if one of the following occurs: (a) the Immigration Assessment Authority remits a decision in relation to the pre-conversion application in accordance with subsection 473CC(2) of the Act as in force when the matter is remitted; (b) the Administrative Appeals Tribunal remits a matter in relation to the pre-conversion application in accordance with paragraph 415(2)(c) of the Act as in force when the matter is remitted; (c) the Administrative Appeals Tribunal remits a matter in relation to the pre-conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975 as in force when the matter is remitted; (ca) the ART remits a matter in relation to the pre-conversion application in accordance with subsection 349(2) of the Act; (cb) the ART remits a matter in relation to the pre-conversion application in accordance with paragraph 105(c) of the ART Act; (d) a court orders the Minister to reconsider the pre-conversion application in accordance with the law; (e) a court declares or concludes (with or without formal declaration) that a decision of the Minister in relation to the pre-conversion application is invalid, void or of no effect; (f) a court quashes a decision of the Minister in relation to the pre-conversion application. (2) To avoid doubt, for the purposes of subregulation (1), the Minister is taken not to have made a decision in relation to a pre-conversion visa application under section 65 of the Act if, before the TPV/SHEV transition day: (a) the Minister had made a decision in relation to the pre-conversion application under section 65 of the Act; and (b) one of the following events occurred after the Minister made that decision: (i) the Immigration Assessment Authority remitted a decision in relation to the pre-conversion application in accordance with subsection 473CC(2) of the Act as in force when the matter was remitted; (ii) the Administrative Appeals Tribunal remitted a matter in relation to the pre-conversion application in accordance with paragraph 415(2)(c) of the Act as in force when the matter was remitted; (iii) the Administrative Appeals Tribunal remitted a matter in relation to the pre-conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975 as in force when the matter was remitted; (iv) a court ordered the Minister to reconsider the pre-conversion application in accordance with the law; (v) a court declared or concluded (with or without formal declaration) that a decision of the Minister in relation to the pre-conversion application was invalid, void or of no effect; (vi) a court quashed a decision of the Minister in relation to the pre-conversion application; and (c) after the occurrence of the event mentioned in paragraph (b), the Minister had not made another decision in relation to the pre-conversion application. (3) This regulation does not apply to a pre-conversion application if there are proceedings, in relation to the application, in which: (a) judgment is reserved by a court as at immediately before the TPV/SHEV transition day; or (b) judgment has been delivered by a court before the TPV/SHEV transition day. (4) This regulation does not affect rights or liabilities arising between parties to proceedings, in relation to the application, in which: (a) judgment is reserved by a court as at immediately before the TPV/SHEV transition day; or (b) judgment has been delivered by a court before the TPV/SHEV transition day.