Overview of the Changes
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Description of the changes
On 9 August 2008 temporary Protection visas (TPVs) were abolished. This means that all applicants for a Protection visa who are found to engage Australia's protection obligations will receive a permanent Protection visa (PPV).
Temporary Humanitarian visas (THVs) that were granted to people outside Australia have also been abolished.
Current and former TPV and THV holders still in Australia have access to a permanent Resolution of Status (RoS) visa, which has the same benefits and entitlements of the PPV. Only health, character and security requirements need to be met for this visa, and there is no reassessment of protection claims.
Who is affected
All current and future applicants for protection in Australia on or after 9 August 2008 are eligible for the grant of a PPV, provided they meet all relevant criteria.
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 they meet health, character and security requirements.
Why TPVs have been abolished
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 TPVs did not have any deterrent effect. In fact, there was an increase in the number of women and children making dangerous journeys to Australia.
Why TPV/THV holders are not being granted a permanent Protection visa
TPV/THVs 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 need to have their status resolved as a priority, without the need for their protection claims to be reassessed.
To be eligible for a Resolution of Status visa, applicants will only need to hold or have held a TPV/THV and meet health, character and security requirements.