Pre-18 October 2013 Protection Visa Applicants Affected
A new regulation for the re-introduced Temporary Protection Visa (TPV) will ensure those irregular maritime arrivals (IMAs) who have already applied for an 886 Permanent Protection Visa (PPV) will not gain permanent residency.
Scott Morrison, the Minister for Immigration & Border Protection, amended the Migration Regulations 1994 to insert a new subregulation: 2.08H
2.08H Certain persons taken to have applied for Subclass 785 (Temporary Protection) visas
(1) For subsection 46(2) of the Act, a Protection (Class XA) visa is a prescribed class of visa.
(2) A valid application for a Protection (Class XA) visa made, but not finally determined, before 18 October 2013 is taken to also be a valid application for a Subclass 785 (Temporary Protection) visa if the applicant:
(a) holds a Subclass 785 (Temporary Protection) visa; or
(b) has held a Subclass 785 (Temporary Protection) visa since last entering Australia; or
(c) did not hold a visa that was in effect on the applicant’s last entry into Australia; or
(d) is an unauthorised maritime arrival; or
(e) was not immigration cleared on the applicant’s last entry into Australia.
The effect of this regulation will leave 866 applicants whose applications were not finally determined and were unauthorised to enter Australia's migration zone without permanent protection pathway.
The accompanying Explanatory Statement goes on to say:
The effect of this regulation is that a valid application for a Protection (Class XA) visa that was made, but not finally determined, before 18 October 2013 by a person who falls into one of the categories above is taken to also be an application for a Subclass 785 (Temporary Protection) visa.
Previously, an applicant for a Protection (Class XA) visa would be granted a Subclass 866 (Protection) visa should they satisfy the criteria for the grant of that visa. From 18 October 2013, the Protection (Class XA) visa will include the Subclass 785 (Temporary Protection) visa.
The Migration Alliance is reliably informed ‘finally determined’ means the grant of the visa.
The Migration Alliance will continue to update its membership as more information comes to hand.