Conditions 8559 and 8570 in 2026: travel to the country of persecution after protection
What visa conditions 8559 and 8570 say about re-entering your home country, and what a breach can mean.
If you were granted protection in Australia and you travel back to the country you fled, you can breach a visa condition, and that breach is capable of putting your visa at risk. Under condition 8559 in Schedule 8 to the Migration Regulations 1994, the holder must not enter the country by reference to which the holder was found to be a person to whom Australia has protection obligations, unless the Minister has approved the entry in writing (Federal Register of Legislation — Migration Regulations 1994, Schedule 8, as at September 2026).
Condition 8570 covers the same ground and goes further: it also restricts entry to any other country unless the Minister is satisfied there are compassionate or compelling circumstances justifying the entry and has approved it in writing. This article explains the general rule only; it is general information, not advice about your own circumstances, so check the current official text or get professional advice before you book travel.
What is the difference between conditions 8559 and 8570?
Both conditions are about where you may go, but they are not the same size.
| Condition 8559 | Condition 8570 | |
|---|---|---|
| Country of persecution (the "reference" country) | Must not enter it, unless the Minister has approved the entry in writing | Must not enter it |
| Any other country | Not restricted by this condition | Must not enter unless the Minister is satisfied there are compassionate or compelling circumstances justifying the entry and has approved the entry in writing |
| Family unit members | Yes, covered by reference to the other holder's protection finding | Yes, covered by reference to the other holder's protection finding |
The practical difference is scope. Condition 8559 is a single-country restriction tied to the protection finding. Condition 8570 is broader: on the terms published in Schedule 8, its express exception — the compassionate or compelling circumstances test plus written Ministerial approval — is set out for entry into any other country, so travel anywhere overseas is caught unless that test is met and approval is given in writing.
Which country is "the country by reference to which" you were found to be owed protection?
It is the country that grounded the protection finding, not automatically the country whose passport you hold. The condition is written "by reference to" the country used in the decision that Australia owes you protection obligations. If your protection finding was made on the basis of harm in one country while you are a national of another, the condition attaches to the country named in that finding.
This matters because people often assume the restriction follows their passport. It does not. It follows the finding.
Does it matter if you were granted protection as a family member?
Yes, and in a specific way. Both conditions extend to a holder who is a member of the family unit of another holder, by reference to the other holder's protection finding.
Suppose an applicant was found to be owed protection by reference to Country A, and their partner or child was granted a visa as a member of that person's family unit. The family member's own condition is engaged by entry into Country A — even though the protection finding was made about someone else. The restriction travels with the family unit, not just with the main applicant.
Can you travel to a third country?
Under condition 8559, the condition itself restricts only the reference country. It does not, by its own terms, govern travel to other countries, and whether you can leave and return to Australia on your visa is a separate question from this condition.
Under condition 8570, the position is different. Entering any other country is prohibited unless the Minister is satisfied that compassionate or compelling circumstances justify the entry and has approved the entry in writing. A holiday, a family visit or a business trip would all be "entry" to another country; on the face of the condition, the question is whether the circumstances meet that test and whether written approval exists beforehand.
The conditions use the word "enter". Schedule 8 does not separately define what happens with a stopover or transit through an airport in another country, so that is a point to check against current official guidance rather than assume.
What happens if you breach the condition?
The note published with both conditions points to the Migration Act 1958 sections 41 and 116 to 119 for the rules on visa conditions and on cancellation for breach. Cancellation is therefore the consequence the legislation itself flags, and it is a real risk, not a technicality — but it is a decision made under that Act, not an automatic outcome, and no result can be promised either way.
There is also an evidential problem. Going back to the country you said you feared can look inconsistent with the protection finding your visa rests on, which is why a return trip is so often treated as more than a travel issue. Whether and how that affects a particular person is decided on the facts under the Act.
Do you need the Minister's approval in writing?
Where an approval is required, yes — the conditions say "in writing". An approval is not something the text describes as available after the fact, and the conditions do not set out a form, a process or a timeframe. Condition 8570 adds a substantive test for other countries: the Minister must be satisfied that compassionate or compelling circumstances justify the entry. Neither "compassionate" nor "compelling" is defined in the condition text itself.
Because Schedule 8 states the requirements rather than the mechanics, anyone relying on an approval needs to confirm the current official position before travelling.
Is the condition automatically on your visa?
No. The note to both conditions states that whether a visa of a particular class may be made subject to the condition depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. In other words, the condition applies to you only if the Schedule 2 criteria for your visa class allow it and it was imposed on your grant.
That is the first thing to check: the conditions on your own visa, not the conditions someone else says they had.
Frequently Asked Questions
What is the difference between condition 8559 and condition 8570?
Condition 8559 stops you entering the country by reference to which you were found to be owed protection, unless the Minister has approved the entry in writing. Condition 8570 also restricts entry to any other country, unless the Minister is satisfied there are compassionate or compelling circumstances justifying the entry and has approved it in writing.
Can I return to my home country if I now hold a passport from somewhere else?
A new passport does not change the condition. Both conditions are written by reference to the country used in the protection finding, so the restriction follows that country rather than your nationality or travel document.
Does condition 8570 stop me from travelling overseas at all?
On its terms, yes, unless the exception applies. Entry to any country other than the reference country requires the Minister to be satisfied there are compassionate or compelling circumstances justifying the entry, and to have approved the entry in writing.
I was granted as a family member — does the other person's country affect me?
Yes. Both conditions cover a holder who is a member of the family unit of another holder, by reference to the other holder's protection finding. Travelling to the country that grounded the main applicant's protection finding can engage your own condition.
What can happen to my visa if I breach the condition?
The note to both conditions refers to the Migration Act 1958 sections 41 and 116 to 119, which deal with visa conditions and cancellation for breach. Cancellation is the risk the legislation points to, but any decision is made under the Act on the facts, and no outcome can be guaranteed.
Does the Minister's approval have to be in writing?
Yes, in every case where the conditions allow approval. Condition 8559 requires written approval for the reference country, and condition 8570 requires both compassionate or compelling circumstances and written approval for any other country.
Are these conditions on every protection visa?
Not automatically. The Schedule 8 note says whether a visa of a particular class may be made subject to the condition depends on the relevant Schedule 2 provision of the Migration Regulations 1994. Check the conditions recorded on your own visa grant.