TEMPORARY PROTECTION VISA NOW IN EFFECT
On 18 October 2013, Scott Morrison, the Minister for Immigration & Border Protection, issued a Ministerial Direction to officially re-instate Temporary Protection Visas (TPVs).
The reintroduction of TPVs was an election undertaking by the Coalition prior to the election as part of the suite of changes to ‘take sugar off the table’ for irregular maritime arrivals (IMAs).
The visa, to be issued to IMAs, will be formally known as Class XA Subclass 785 (Temporary Protection) visa.
The link below outlines leads to the new regulations:
http://www.comlaw.gov.au/Details/F2013L01811
According to Legendcom, the new departmental guidelines will be uploaded on 26 October.
Permanent Protection Visas (PPVs) remain in place. These subclass 866 visas remain available to any applicant who arrived in Australia with a visa that was in effect on the applicant’s last entry into Australia.
So if agents have an Iranian student visaholders or a Vietnamese tourist claiming protection, PPVs will continue to be an accessible option if they are at risk of significant and foreseeable harm in their country of origin.
The same assessment process against Australia’s international obligations under the UN Convention for Refugees and the Migration Act’s complementary provisions will apply both PPV and TPV applicants.
TPVs will be issued for 36 months and applicants and will be reapply towards the end of the 36 months consecutively.
Significantly while on a TPV, visa will be denied permanent residency, the right to apply for citizenship or access to family reunion. TPV holders will also be barred from returning to Australia should he or she chose to leave.
This lack of pathways towards permanent residency continues to attract the harsh criticism from refugee advocates groups.
However, TPV holders conditions will include a temporary Medicare Card and may included work rights with geographic restrictions.
A new condition for TPV holders under Schedule 8 of the Migration Regulations 1994 has also been introduced:
8565 The holder must notify Immigration of any change in the holder’s residential address within 14 days after the change occurs.
Under reported by a media more obsessed with media management than policy substance, a number of details about TPVs required further announcements. These include information about accessing income support, settlement services, education and the future of the Refugee Review Tribunal.
Migration Alliance understands the free legal assistance under the IAAAS program will not be available to the vast majority of TPV applicants, as the Coalition promised to wind down the program by the new financial year