Protection Visa Regulation Changes
28 August 2003 - Legislation change
Note: These amendmends were disallowed by the Senate on 09/10/03
Client summary
From 28 August 2003, immigration law has been amended to broaden the coverage of Temporary Protection Visa (TPV) arrangements to include all asylum seekers arriving in Australia, not just those arriving unlawfully. Authorised arrivals seeking protection will, in the first instance, be eligible for a Temporary Protection Visa (TPV). Access to permanent residence will be subject to a continuing need for protection, and, in accordance with existing legislation, on whether or not the person abandoned or bypassed effective protection en route to Australia.
From 28 August 2003, persons who have held a TPV granted before 27 September 2001 and who apply for, or who have applied for, a further protection visa on or after that date will no longer be prevented from accessing a permanent protection visa if they have resided for 7 days or more in a country where they could have obtained effective protection en route to Australia (the '7 day rule'). If found still to be owed protection, these people will be able to directly access a permanent resident visa.
In addition, from 28 August 2003 applicants for Temporary Protection Visas and Temporary Humanitarian Visas may in certain circumstances be granted visas for periods less than the 36 months or 60 months previously allowed. This will, for example, allow their visa period to be aligned with that of family members already holding temporary visas in Australia so that further visa applications from the family can be considered and finalised together.
Technical details
Transitional arrangements:
This amendment will apply to:
In the case of expansion of TPV provisions to all protection visa applicants in the first instance including those who have been immigration cleared - all applications made on or after 28 August 2003.
In the case of no longer requiring pre-27 September 2001 TPV holders to meet the '7 day rule' in order to access a further permanent protection visa if found to be owed protection - all further protection applications made but not finally determined before 28 August 2003, and all applications made on or after 28 August 2003.
In the case of the ability to grant shorter visa periods to subclasses 785, 447 and 451 - all applications made but not finally determined before the commencement date of 28 August 2003 and all applications made on or after 28 August 2003.
Forms: 866
Instructions: Protection Visa Procedures Manual/decision record framework format has been amended
Effect on delegations: Nil.
Effect on systems: Minor impact