Overview of the 2004 Measures for TPV/THV Holders
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Timing of the measures
These changes had effect from 27 August 2004 and will cease to have effect after the status of current and former TPV/THV holders in Australia has been resolved permanently.
Description of measures
The measures introduced in August 2004 included three main elements:
- access to a reintegration assistance package for all current and former TPV and THV holders and those in that group who were subsequently granted a RPV who were prepared to return voluntarily to their home country
- the introduction of the 'Return Pending' visa (RPV) to provide 18 months stay in Australia for persons who were found to no longer be owed protection to enable them to make arrangements for departure
- changes to enable persons who were in Australia as at 27 August 2004 who held, or had held, a TPV or THV to apply for a range of mainstream onshore visas if they were the holders of a TPV, THV or RPV at the time they applied.
Visa holders affected
This package of changes applied to holders of the following temporary visas in the Refugee and Humanitarian program:
- Secondary Movement Offshore Entry (Temporary) Subclass 447
- Secondary Movement Relocation (Temporary) Subclass 451
- Temporary Protection Visa Subclass 785
These arrangements did not apply to other Humanitarian Program visa holders.
The RPV was available to former, current and future TPV and THV holders at that time. Eligibility to apply for mainstream visas and the Reintegration Assistance Package was restricted to current and former TPV and THV holders who were in Australia on 27 August 2004 and those in that group who were subsequently granted a RPV.
Reintegration assistance to return to country of origin
Reintegration assistance was made available to all current and former TPV and THV holders in Australia as at 27 August 2004.
Access to reintegration assisstance under these measures ceased at the end of June 2008.
Return Pending visa
The Return Pending visa provided TPV/THV holders found to no longer be owed protection with lawful status to remain in the community, with continued access to relevant benefits, for an additional period of 18 months while they made arrangements to depart Australia.
As TPV/THV holders will be eligible to have their status resolved permanently through the Resolution of Status Visa (Class CD), and there will be no protection obligations assessment as part of this visa process, the Return Pending Visa will be abolished. People who currently hold a Return Pending Visa will continue to do so until they have their status resolved permanently.
Access to mainstream onshore visas
Under these changes, TPV and THV holders who were in Australia on 27 August 2004 were able to make a valid application for a range of onshore permanent and temporary mainstream visas and, if criteria are met, be granted their visas in Australia.
For this group, eligibility continued for the term of any subsequent RPV. The applicant must have held a TPV, THV or RPV to make a valid application.
As TPV/THV holders will be eligible to have their status resolved permanently through the Resolution of Status (RoS) Visa (Class CD), access to mainstream visas will no longer be necessary and the regulations will be repealed.
People who have been granted permanent mainstream visas through these arrangements will continue to do so and will not be eligible for the RoS visa.
People who have been granted a temporary mainstream visa through these arrangements, or who had an application being considered for a mainstream visa when the regulations introducing the Resolution of Status visa commenced, are eligible to apply for the RoS visa in order for their status to be resolved permanently.
See: Overview of the Changes