Australian Immigration Daily News

The following email has been received by Migration Alliance from the DIBP:

Dear colleague or stakeholder

The Department of Immigration and Border Protection continues to invite people who arrived in Australia as irregular maritime arrivals (IMA) to apply for Temporary Protection visas (TPV).  Invitations to apply for TPVs are being sent to people according to the order in which they arrived in Australia, although priority is also being given to those in immigration detention. Applicants need to wait until it is their turn to apply for a Protection visa. The Department is currently inviting people who arrived from 14 November 2012 to 30 April 2013 to apply for a Protection visa.

For people who arrived in Australia prior to this date range and have not been invited to apply, this could be because the Minister has not yet lifted the bar. The Minister could decide not to allow a person to apply for a visa yet for a number of reasons.

If a person has not received an invitation to apply and think they should have, it is important that they make sure we have their current contact details. To update personal contact details, they will need to call 1300 728 662 with their name, date of birth, boat identification number, home address and contact phone number.

The webpage When will my claims for asylum be considered provides information about who is being invited and will be updated as processing progresses.

The Department will contact applicants when we are ready to assess their claims. Until invited to apply, applicants are unable to make a valid visa application. Applicants who think they need personal information held by the Department should hold off from seeking that information until it is close to their turn to apply.

People can prepare by learning more about the application process through the Protection Application Information and Guides (PAIG), making sure they have original and genuine documents as evidence of identity, nationality and citizenship, and gathering any evidence not already held by the Department to support their claims for protection. While waiting to be invited to apply, people should stay in contact with the Department and keep their contact details up-to-date.

Lodging an application

Once invited to apply for a Protection visa, applicants are urged to lodge within the timeframe requested.  This will help us to ensure that everyone’s claims are assessed in a timely manner.  It is important that applicants give us their protection claims in full in their application.  Where an applicant is found to engage Australia’s protection obligations and they meet all other visa requirements, including health, security, character and identity checks, they will be granted a TPV or a SHEV.

Temporary Protection visas

There are two types of protection visas available for people who arrived in Australia illegally: Temporary Protection visas (TPV) and Safe Haven Enterprise visas (SHEV).

A person could be granted a TPV or SHEV if:

• they arrived in Australia illegally
• they are invited to apply for a TPV or SHEV and lodge a valid application
• they are assessed as engaging Australia’s protection obligations, and
• they meet other requirements, such as health, security, character and identity checks.

To apply for a SHEV, at least one member of the family unit must declare an intention to work and/or study in regional Australia. 

To help decide which visa to apply for, more information is available about Temporary Protection visas and Safe Haven Enterprise visas, and people can read the PAIG: Visa options for illegal arrivals seeking protection.

Fast track assessment process

People who arrived illegally by boat on or after 13 August 2012 and before 1 January 2014 will have their claims assessed under the new and efficient Fast Track Assessment Process. All fast track applicants will receive a full and comprehensive assessment of their claims for protection. Applicants refused a protection visa under the Fast Track Assessment process who are eligible for merits review will have their cases automatically referred to a new review body, the Immigration Assessment Authority (IAA). The IAA will provide a new model of limited merits review.  More information is available at www.immi.gov.au/ima.

People who do not engage Australia’s protection obligations are expected to leave Australia.

People who arrived illegally by boat before 13 August 2012

The applications of people who arrived illegally by boat before 13 August 2012 and who have already made protection claims are being finalised. It is important that applicants keep their contact details current so that the department can contact them with any questions or requests for information. If assessment of individual claims results in the applicant being found to engage Australia's protection obligations and they meet other visa requirements, they will be granted a TPV. People who do not engage Australia’s protection obligations are expected to leave Australia.

Protection Application Information and Guides

The PAIGs are available to assist people make an application for protection.  They provide instructions about the protection application and assessment process in Australia. Translations of the PAIG materials are progressively added to the website.  The full library of PAIGs is available at www.immi.gov.au/paig, and covers:

• ·         Support in applying for a protection visa
• ·         Applying for protection in Australia if you arrived illegally
• ·         Visa options for illegal arrivals seeking protection
• ·         The protection visa application form
• ·         The meaning of 'protection obligations’
• ·         Identity requirements for protection visa applicants
• ·         Lodging your protection visa application
• ·         After you have lodged your application
• ·         The interview
• ·         Grant of a Temporary Protection visa
• ·         Refusal of a Temporary Protection visa

Questions?

For further information please see our website at www.immi.gov.au/ima, follow us on a range of online and social media platforms including the Department’s newsroom, twitter, Facebook, YouTube, Flickr, Storify and Instagram or This email address is being protected from spambots. You need JavaScript enabled to view it.  

regards, XXXX [name removed to protect privacy]

XXXXXX XXXXXXXX [name removed to protect privacy]

Assistant Secretary (a/g)

Onshore Protection Branch | Refugee and Humanitarian Visa Management Division

Visa and Citizenship Services Group

Department of Immigration and Border Protection

P: [number removed to protect privacy]

E: [email approved to protect privacy]