On the 20 October 1999, The Federal Government introduced the
Temporary Protection Visa (Subclass 785) as one of a range of measures aiming
to deter asylum seekers arriving without authorization.Temporary Protection Visas
(TPVs) are a special subclass of visa granted to people who have been determined
to be Convention refugees but who either:
were accepted for resettlement to Australia after having
left a country of first asylum.
TPVs are granted for 3 years, after which time the refugee
is required to undergo refugee status determination again and only if successful,
will be allowed to remain in Australia.
In 2001 two further kinds of Temporary Humanitarian Visas (THVs)
were introduced (visa subclasses 447 and 451) for refugees who had moved from
the country of first asylum. This included refugees from the camps on Nauru and
Manus Island and those accepted from Indonesia.
Since the introduction of the Temporary Protection Visa in
1999, a total of 10,800 TPVs and THVs have been issued. As of 12 February, 2007:
• 8,900 have been issued with permanent visas;
• 660 are awaiting decisions from DIAC or the RRT; and
• 650 have not yet lodged applications for further protection.
DIAC estimates of numbers of TPV and THV holders
Date |
TPV |
THV |
Total |
| 29 September 06 |
871 |
497 |
1368 |
| 05 January 07 |
899 |
486 |
1385 |
| 02 March 07 |
890 |
447 |
1337 |
Since 2005, there has been a 90 day time limit set for DIAC
decision making in relation to both initial applications and applications for
further protection. DIAC reported in April 2007 that approximately 79% of cases
had been decided within the 90-day timeframe.
The above information was provided by senior DIAC personnel
at the Senate Legal and Constitutional Affairs Committee Budget Estimates and
Additional Hearings 2007.
The Temporary Protection Visa (or TPV) restricts access
to basic services and family
reunion. Arguably a number of these restrictions breach Australia’s
obligations to refugees under the 1951 Convention Relating to the Status of Refugees.
The Refugee Council is strongly opposed to Australia's use
of temporary protection for Convention refugees for the reasons outlined in our
2003 Position Paper.
Information
on conditions for failed FPV applicants after the Refugee Review Tribunal
Other Useful Readings on Australia's TPV Regime
Resources for working with refugees with
a TPV
The use of Temporary Protection Internationally
RCOA MATERIALS ADDRESSING THE PROBLEMS WITH AUSTRALIA'S
USE OF TEMPORARY PROTECTION
RCOA Position Paper on the Use
of Temporary Protection Visas for Convention Refugees, September 2003
RCOA Questions
& Answers about Australia's Temporary Protection Visa Regime, September
2003
RCOA Submission to the NSW Government Green
Paper, Cultural Harmony: The Next Decade 2002-2012, July 2002
RCOA Position Paper on Unauthorised
Arrivals, March 2002
RCOA Submission to the 2004-2005
Refugee and Humanitarian Program
RCOA Discussion Paper on Family
Unity and Family Reunification, August 2001
RCOA Information Paper on Temporary
Protection Visas, May 2001
RCOA Discussion Paper on Temporary Protection Visa Holders:
Current Issues and Future
Concerns, August 2000
RCOA Position Paper on Temporary
Protection Visas, September 2000
RCOA Discussion Paper on the Response to the 1999-2000 Boat
Arrivals, March 2000
RCOA Position Paper on Temporary
Protection Visas, November 1999
Useful background material includes:
Maley W (2003) Commentary
on DIMIA's Country Information on Afghanistan
Maley W (2000) Australia's
New Afghan Refugees: Context and Challenges presented at the RCOA AGM 2000.
Human Rights Watch (May 2003) Commentary: Australia's
Temporary Protection Visas for Refugees
Human Rights Watch (2002) Briefing Paper "Not
for Export": Why the International Community Should Reject Australia's Refugee
Policies which describes why refugees seek protection beyond their country
of first asylum and the temporary protection visa (including good information
on the criticisms of the 'seven-day rule').
OTHER RESOURCES ABOUT THE TPV REGIME
Barnes, Diane (July 2003), A
Life Devoid of Meaning: Living on a TPV in Western Sydney
Esmaeili, H & Wells, B (2000) The 'Temporary' Refugees:
Australia's Legal Response to the Arrival of Iraqi and Afghan Boat-People, University
of NSW Law Journal: The Refugee Issue, v 23 (3).
Fernandes, P (2002) Trauma
strikes the soul: An attempt to explore and understand the impact of the temporary
protection visa on clients in New South Wales. An analysis of the psychological
impact of the TPV on survivors of torture and trauma.
Mann R (2001) Temporary
Protection Visa Holders in Queensland Multicultural Affairs Queensland provides
a very thorough description of the impact of the introduction of the TPV on refugees
in Queensland.
Mansouri F (2002) 'The
Legacy of Australia's Treatment of Onshore Asylum Seekers', Faculty of Arts
UWA details many of the criticisms of the TPV.
Mansouri F & Bagdas M (2002) Politics of Social Exclusion:
Refugees on Temporary Protection Visas in Victoria, Deakin University and the
Victorian Arabic Social Services is an account of the plight of TPV holders and
service providers in Victoria. To order a copy of this comprehensive report or
for a preview see www.vass.org.au.
Marston, Greg (2003) Temporary
Protection Permanent Uncertainty Report
Pickering, Sharon; Gard, Michael & Richardson, Roslyn (2003)
We're working
with people here: the impact of the TPV regime on refugee settlement service provision
in NSW, Charles Sturt University/ Monash University.
Sengchanh V (2001) 'Refugees:
Two lifetimes in one', Murdoch University Electronic Journal of Law, v8, n4
provides a critical look at Australia's use of the TPV.
South Brisbane Immigration and Community Legal Service (2001)
Temporary
Protection: The new cornerstone of Australia's Refugee and Humanitarian response.
Timms, Linda (2003), Temporary
Protection: Defective or Merely Defensive, Charles Sturt University.
REOURCES FOR WORKING WITH REFUGEES WITH A TPV
Know Your Rights Guide: Facts and Services for People on Temporary
Protection Visas, Immigrant Women's Speakout Association of NSW (2003). Free copies
of this Guide can be obtained from Immigrant
Women's Speakout Association of NSW. Or you can download a PDF version from
one of the websites: UTS
community law or Immigrant
Women's Speakout Association of NSW.
Refugees: A Temporary Protection (2002) is a multidisciplinary
guide for health professionals, service providers and volunteers who offer assistance
to refugees with TPV holders, published by Michelle Harris, available for $11,
PO Box 567, Jamison ACT 2614.
RCOA's Information Paper on Temporary
Protection Visas (May
2001) provides a Table of Eligibility for Services and a list of relevant services
around Australia.
University of Sydney has English classes for refugees on TPVs.
Further information on 02- 9351 6241 or email.
The UNSW
Institute of Languages offers a wide range of language courses and services
suitable for migrants to Australia, international students, and anyone interested
in learning one of the languages they offer. UNSW will consider requests for reduced
fees or no fees on application.
Punished
Not Protected – produced by Rymer Bayly Watson for Show Mercy - is an
educational documentary series in four parts featuring the views of leading Australians
and concerned citizens on the effects of government policy on asylum seekers and
temporary protection visa holders. The participants in the video are open in their
criticisms of current government policy and the lack of momentum to move on an
alternate, more just and humane policy. They challenge all Australians who ignore
what is happening and suggest they find out for themselves and speak out against
those who are denying protection in Australia to people fleeing war zones, torture
and persecution. These forceful views are brought into sharp focus by heart rending
first hand accounts by several courageous asylum seekers who share their experiences.
Total Running Time 58 Minutes
Part one: Prejudice on Arrival 12 minutes
Part two: Behind the Razor Wire 15 minutes
Part three: Living in Limbo 14 minutes
Part four: Rhetoric and Reality 15 minutes
Director: Judy Rymer
Executive Producer: Julia Champtaloup
Producers: Bevan Childs, Lois Harris, Judy Rymer
Sales and distribution:
Email orders or write to Ronin
Films
PO Box 1005, Civic Square, Canberra ACT 2608
Phone: 02 6248 0851/ Fax: 02 6249 1640
A study guide is available through the Australian
Teachers of Media magazine.
INTERNATIONAL STANDARDS OF TEMPORARY PROTECTION
Centre for Refugee Studies (1996) Discussion Paper: The Temporary
Protection of Refugee: A Solution-Oriented and Rights-Regarding Approach, York
University. This paper provides a comprehensive analysis of the use of temporary
protection across the world.
Fitzpatrick, J (2000) 'Temporary
protection of refugees: Elements of a formalized regime', American Journal
of International Law, v94, n2, provides good basic information on temporary protection
measures.
Council
of the European Union, Council Directive 2001/55/EC of 20 July 2001 on the
minimum standards for giving temporary protection in the event of a mass influx
of displaced persons and on measures promoting a balance of efforts between Member
States in receiving such persons and bearing the consequences thereof.
