Australia: protection visa changes for about 30,000 boat arrivals

Around 30,000 people who came to Australia by boat and claimed asylum — the group a previous government labelled the 'Legacy Caseload' — have had their visa options changed repeatedly over the past decade. The changes range from a December 2014 restriction to temporary protection to a pathway to permanent visas announced on 14 February 2023.

Official tracking of these cases continues, and the newest figures from the Department of Home Affairs cover the period up to the end of August 2026.

Key facts

• Around 30,000 people who arrived by boat and sought asylum are covered by the tracking.
• A December 2014 law change limited applicants to temporary protection visas — a Temporary Protection Visa (TPV) or a Safe Haven Enterprise Visa (SHEV).
• A permanent visa pathway for temporary protection holders, the Resolution of Status (RoS) visa, was announced on 14 February 2023.
• The Immigration Assessment Authority was abolished and replaced by the Administrative Review Tribunal on 14 October 2024.
• Department of Home Affairs figures run to the end of August 2026; review-body data stops at 30 June 2024.

Who was in the 'Legacy Caseload'?

Two main groups made up the caseload. The first covers people who arrived by boat before 13 August 2012 but whose protection visa applications had not been finalised by 18 September 2013. The second covers people who arrived by boat on or after 13 August 2012 and whose applications were processed in Australia, rather than in Papua New Guinea or Nauru.

The definition also takes in people who arrived by boat up to 31 December 2013 but were not sent to Nauru or Papua New Guinea under offshore processing, a small number of boat arrivals added to the process through legislation, and babies born to people in the caseload.

What did the December 2014 rules mean?

A change in the law in December 2014 stopped people in the caseload from applying for a permanent protection visa. They could apply only for a TPV or a SHEV. When such a visa expired, holders could apply only for another temporary visa, or — in the case of SHEV holders — for a permanent visa other than a protection visa, such as a spouse visa.

How did fast-tracking work?

People who arrived by boat on or after 13 August 2012 had their refugee status decided under a separate 'fast tracking' process. Its defining feature was a much more limited form of review, handled by the Immigration Assessment Authority, which was created specifically to examine those decisions. Under the rules, the Authority did not hear directly from people seeking asylum and was generally limited to information already before the immigration department.

What changed in 2023 and 2024?

On 14 February 2023 the Australian Government announced a new pathway to permanent visas for temporary protection holders. Some people can apply for or be granted a Resolution of Status visa, giving permanent status both to existing temporary protection holders and to people granted protection later.

On 14 October 2024 the government abolished the Immigration Assessment Authority, with the Administrative Review Tribunal taking its place.

What this means for affected visa holders

People holding a temporary protection visa, and those granted protection later, may be able to move to a permanent Resolution of Status visa rather than renewing temporary status. Decisions made under fast-tracking are now reviewed by the Administrative Review Tribunal rather than the Immigration Assessment Authority.

How current are the figures?

Department of Home Affairs statistics run to the end of August 2026. Data from the former Immigration Assessment Authority stops at 30 June 2024 and, because the Authority has been abolished, will no longer be updated. Other figures come from answers to questions on notice at Senate estimates or from other departmental statistics.

No dates for future statistics releases are stated.