Fact Sheet 68 - Abolition of the Temporary Protection visa (TPV) and Temporary Humanitarian visas (THVs)
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What changes have been made
On 9 August 2008 the temporary protection visa (TPV) was abolished. This means that all initial applicants for a protection visa who are found to be eligible for 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 Secondary Movement Relocation (Temporary) (subclass 451) and Secondary Movement Offshore Entry (Temporary) (subclass 447) 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 or THV will have their status resolved permanently through the grant of a RoS visa, provided health, character and security requirements are met.
Resolution of Status (RoS) (subclass 851) visa arrangements
Who is eligible for a RoS visa?
Current and former TPV or 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 or THV holders deserve to have their status resolved quickly, without the need for their protection claims to be reassessed.
To be eligible for a RoS visa, applicants are required to hold or have held a TPV or THV and meet health, character and security requirements.
How does a TPV or THV holder apply for a RoS visa?
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 in the same way as permanent protection visa holders.
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 or THV holders with a speedy permanent outcome.
Are people who are 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 who are 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.
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 irregular maritime arrivals and to discourage refugees leaving their country of first asylum.
People who are holders of TPV or THV visa 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.
Further information is available on the department's website.
See: www.immi.gov.au
The department also operates a national general enquiries line.
Telephone: 131 881
Hours of operation: Monday to Friday from 8.30 am to 4.30 pm (recorded information is available outside these hours).
Fact Sheet 68. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Last reviewed February 2011.
© Commonwealth of Australia 2009.