Fact Sheet 68 - Abolition of Temporary Protection visas (TPVs) and Temporary Humanitarian visa (THVs), and the Resolution of Status (subclass 851) visa
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What changes have been made
On 9 August 2008 temporary Protection visas (TPVs) were abolished. This means that all initial applicants for a Protection visa who are found to engage Australia’s protection obligations now receive a permanent Protection visa.
Certain temporary Humanitarian visas (THVs) granted to people outside Australia were also abolished on that date. These visas were Subclass 451 – Secondary Movement Relocation (Temporary) and Subclass 447 – Secondary Movement Offshore Entry (Temporary) visas.
Current and former TPV and THV holders still in Australia on 9 August 2008 now have access to a permanent visa with the same benefits and entitlements of the permanent Protection visa. This visa is called the Resolution of Status (RoS) (subclass 851) visa. Only health, character and security requirements need to be met for this visa, and there is no reassessment of protection claims required.
Who is affected by these changes
All applicants for a Protection visa in Australia are now eligible for the grant of a permanent Protection visa, provided all relevant criteria are met.
Current and former holders of a TPV/THV will have their status resolved permanently through the grant of a Resolution of Status (RoS) subclass 851 visa, provided health, character and security requirements are met.
Resolution of Status (RoS) visa arrangements
Who is eligible for a RoS visa?
Current and former TPV/THV holders are able to access this permanent visa
Why is a new visa being given to temporary Protection and temporary Humanitarian visa holders?
TPV/THV holders have already been determined to be refugees. These people have been living with uncertainty and should not have to go through the refugee determination process again to gain permanent residence.
THV/TPV holders deserve to have their status resolved quickly, without the need for their protection claims to be reassessed.
To be eligible for a Resolution of Status visa, applicants only need to hold or have held a TPV/THV and meet health, character and security requirements.
How does a TPV/THV holder apply for a Resolution of Status (RoS) visa subclass 851?
TPV or THV holders who have not yet applied for a further Protection visa are able to make an application for a RoS visa. No further Protection visa application will be necessary.
The RoS visa application form is available from any office of the Department.
What benefits are attached to the RoS visa?
RoS visa holders are eligible to access the same suite of benefits and entitlements as a permanent Protection visa holder. These include immediate access to Newstart and Youth allowances, the Adult Migrant English Program (AMEP), the age pension, disability support pension, family tax benefit and childcare benefit.
Holders of the RoS visa also have travel rights, are eligible for Convention Travel documents and are able to sponsor their family through the Offshore Humanitarian program.
Are people granted the RoS visa able to sponsor their family from overseas under the humanitarian program?
Holders of the RoS visa are able to sponsor their family through the Offshore Humanitarian program in the same way as permanent Protection visa holders.
Are people granted the RoS still able to get a travel document?
Holders of the RoS visa also have travel rights and are eligible for Convention Travel documents.
Does the 90 day processing time apply to RoS visas?
The requirement that all protection visa applications be processed within 90 days does not apply to applications for the RoS visa. However, every effort will be made to provide TPV/THV holders with a speedy permanent outcome.
Why the changes were made
The Government is committed to providing fair and certain outcomes for refugees and abolishing TPVs is consistent with the Government’s commitment to treating asylum seekers fairly and with dignity.
TPVs and THVs were introduced by the previous government to discourage people smuggling activities resulting in unauthorised boat arrivals (UBAs) and to discourage refugees leaving their country of first asylum.
The evidence clearly shows, however, that TPVs did not have any deterrent effect. Indeed, there was an increase in the number of women and children making dangerous journeys to Australia.
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 9 am to 4 pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.
Fact Sheet 68. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 9 August 2008.
© Commonwealth of Australia 2009.