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Fact Sheet 64a - New Measures for Temporary Protection And Temporary Humanitarian Visa Holders

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On 13 July 2004 the Government announced additional measures for temporary protection (TPV) and temporary offshore humanitarian (THV) visa holders. The changes acknowledge that some of these people have made strong contributions to Australia , particularly in regional areas, or have established close links with Australians. These measures are also consistent with Australia 's strong border control policies and the understanding that those who are found to no longer be owed protection should depart Australia unless they have some other lawful basis to remain. These measures came into effect on 27 August 2004 .

Background

The TPV and THV were introduced in response to a surge in unauthorised boat arrivals using people smugglers to travel to Australia illegally. They reduce incentives for people to abandon or by-pass effective protection in some other country in order to travel to Australia .

These visas provide a temporary period of protection; visa holders wanting to seek further protection need to lodge a further application. Processing of applications for further protection from TPV and THV holders is still under way.

If a TPV or THV holder is still found to need protection, they will receive it. Whether this is a permanent protection visa or a further temporary protection visa will depend on individual circumstances. For further information:
See: Fact Sheet 68 - Temporary Protection Visa Holders Applying for Further Protection

2004 Measures

These measures for TPV and THV holders consist of:

Eligibility

These new measures apply to the following temporary visas in the humanitarian program:

The RPV is available to former, current and future TPV and THV holders. Eligibility to apply for non-humanitarian visas and the Reintegration Assistance Package is restricted to current and former TPV and THV holders who were in Australia as at 27 August 2004.

Reintegration Assistance

A reintegration package is available to current and former TPV and THV holders who volunteer to return home to resettle in their country of origin. Those who are no longer found to be owed protection, and who have no other lawful basis to remain in Australia , will be expected to make arrangements to return home.

The Reintegration Assistance Package includes a cash grant of $2000 per asylum seeker (up to $10 000 per family) and the cost for airfares to their country of citizenship or residence. For further details:
See: Fact Sheet 64b - Reintegration Package for Temporary Protection and Temporary Humanitarian Visa Holders

'Return Pending' Visa

The subclass 695 'Return Pending' Visa (RPV) provides 18 months stay in Australia for persons who hold, or held, a TPV or THV and whose application for further protection is finally determined as refused.

The 18 months enable RPV holders to make arrangements to depart Australia . The provision of the RPV acknowledges that Australia has previously found TPV and THV holders to be owed protection, that they have spent time in the community and need time and support to make arrangements to return home.

Eligible persons are deemed to have made an application for a RPV at the time their application for further protection visa is refused. If granted, the RPV takes effect from the date the further protection visa application is finally determined as refused.

'Final determination' is 28 days after notification of primary refusal by the department where no application is made to the relevant review tribunal. If review is sought, the application is finally determined on the date the relevant review tribunal affirms a primary refusal.

Those granted the RPV maintain access to the same benefits and are subject to the same visa limitations attached to the previously held TPV or THV.

Persons will receive a letter from the department advising them of their RPV status and outlining any action that needs to be taken.

There is no provision in the Migration Regulations to extend the term of a RPV. RPV holders are expected to depart Australia before their RPV ceases unless they have some other lawful basis to remain.
See: Fact Sheet 64c - Return pending Visa

Non-humanitarian Onshore Visas

Before the changes on 27 August 2004, TPV and THV holders were barred from lodging valid applications for any visa other than a further protection visa while they remained in Australia.

Some TPV and THV holders have made important contributions to the community during their time in Australia, particularly in rural and regional areas. They are making a contribution to the economies of regional Australia or may have particular skills that would otherwise qualify them for a migration visa.

There are also some TPV and THV holders who have established strong links to Australian nationals.

Current or former TPV and THV holders in Australia on or before 27 August 2004 are eligible to apply for a range of onshore non-humanitarian visas. For this group, eligibility continues for the term of any subsequent RPV. Applicants must hold a TPV, THV or RPV to make a valid application for non-humanitarian visas.

TPV and THV holders can lodge an application for a non-humanitarian visa without withdrawing their application for further protection. Individuals need to consider their options carefully to decide what visa options are best for them based on their circumstances.

TPV and THV holders who obtain either a temporary or permanent non-humanitarian visa will not satisfy the deeming criteria to be an applicant for a RPV.

The grant of a temporary or non-humanitarian visa will cease any current TPV, THV or RPV. Similarly, the grant of a further temporary or permanent protection visa will cease any current non-humanitarian visa.

TPV and THV holders should be aware that the benefits attached to non-humanitarian visas may be different to the benefits attached to their TPV, THV or RPV.
See: Fact Sheet 64d - New onshore visa options for temporary protection and temporary humanitarian visa holders

More information

More information can be obtained from departmental offices or on the department's website at:

www.immi.gov.au/refugee/tpv_thv/index.htm

 

Further information is available on the department's web site.
See: www.immi.gov.au

The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9am to 4pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.

Fact Sheet 64a. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 30 January 2007.

© Commonwealth of Australia 2007.