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Submission to the National Inquiry into Children in Immigration Detention from

Council of Social Service of NSW (NCOSS) - Supplementary Submission

1. Background

2. Services in the community

3. Services funded by DIMIA

4. Accommodation

5. English classes

6. Employment services

7. Maintaining family relationships

8. Income support

9. Post-secondary education

10. Conclusions

1. Background

1.1 About NCOSS

The Council of Social Service of NSW (NCOSS) is an independent non-government organisation and is the peak body for the social and community services sector in NSW. NCOSS works with its members on behalf of disadvantaged people and communities towards achieving social justice in New South Wales. It was established in 1935 and is part of a national network of Councils of Social Service which operate in each State and Territory and at Commonwealth level.

NCOSS membership is composed of community organisations and interested individuals. Through current membership forums, NCOSS represents more than 7,000 community organisations and over 85,000 consumers and individuals. Member organisations are diverse, including unfunded self-help groups, children’s services, emergency relief agencies, chronic illness organisations, local Indigenous community organisations, church groups, and a range of population-specific consumer advocacy agencies.


1.2 About this submission

This is a supplementary submission which responds to term of reference 3, in relation to child asylum seekers and refugees residing in the community after a period of detention:
The adequacy and effectiveness of the policies, agreements, laws, rules and practices governing children in immigration detention or child asylum seekers and refugees residing in the community after a period of detention…

This submission also addresses term of reference 6, which reads:
The additional measures and safeguards which may be required to protect the human rights and best interests of child asylum seekers and refugees residing in the community after a period of detention.

This submission is primarily focussed on services in New South Wales.

2. Services in the community


2.1 Services which benefit children

NCOSS is firmly of the view that protecting the best interests of children living in the community involves effective support for parents and families, as well as direct assistance to children.

There are numerous services from which children derive direct and immediate benefit, which are targeted at the adult or adults who are responsible for them. Access to public housing or housing support, for example, is based on the visa status and income of the parent, guardian or carer, but provides direct assistance to children in the family.

There are also many services directly targeted to adults which provide long term benefit to their children. English language classes for adults, for example, assist both parents and their children in settlement. Assistance for adults to obtain employment provides direct benefit to children through increased family income, and, in the longer term, is likely to improve the chances of their children successfully obtaining employment.

2.2 Service needs

TPV holders are provided with temporary visas, but are potentially long term residents of Australia. While the Commonwealth’s approach to renewing Temporary Protection Visas (TPVs) has yet to be tested, in the absence of significant changes in their home country, TPV holders will retain the same valid claim for refugee status over time. In any case, three years is a significant period in the life of a child and has a major impact on their development. NCOSS urges that support to TPV holders living in the community be viewed as support for long term residents of Australia.

Young people and their families who obtain TPV status, have established that they have a well-founded fear of persecution in their home country. They have experienced trauma, dislocation and, in many cases, physical and mental abuse in their home region, and this has been exacerbated by long periods of harsh detention in Australia. A number of TPV holders have survived torture. Many have experienced mental illness, including depression and other illnesses which have developed during detention.

TPV holders are a collection of individuals and families who have high level needs for support and assistance in order to settle effectively in the community and to maintain their health and well-being.


2.3 Priorities for service provision

There are an enormous range of services in the community which could be investigated in this submission. Just as individuals with Australian citizenship require a range of supports ranging from education to carer respite, so do individual TPV holders. Investigating the full range of services in the community is, however, not a feasible task for this submission.

This submission addresses the services which DIMIA has identified as appropriate to humanitarian and other new arrivals, the priorities identified by the Australian Refugee Council (which are outlined below), and a small number of youth-specific issues.

The Australian Refugee Council identifies the most pressing needs for TPV holders as affordable accommodation, access to English classes and access to employment. [1]

2.4 TPV population

The Refugee Council of Australia estimates that there are approximately 4000 TPV holders living in NSW. Statistics on the location of TPV holders are incomplete, as only those who are in receipt of Special Benefit appear in Centrelink data. NCOSS understands that the majority of TPV holders in NSW live in a small number of Local Government Areas in south west Sydney.


3. Services funded by DIMIA

3.1 Integrated Humanitarian Settlement Strategy (IHSS)

The Commonwealth Government provides a range of services to humanitarian entrants who have passed through the offshore Humanitarian Program.

These services are provided through the Integrated Humanitarian Settlement Strategy (IHSS) which received $14.3 million in 2001-02. [2]

The services for these immigrants include:

With the exception of Early Health Assessment and Intervention, TPV holders are not eligible for these services.

The rationale for the IHSS is stated as:


Under its annual offshore Humanitarian Program, Australia welcomes thousands of humanitarian entrants, including refugees, who have faced serious violations of their human rights.
Many are severely traumatised as a result of their experiences, including persecution and torture, which has caused them to leave their home countries.
The Government recognises that rebuilding the lives of these people involves far more than securing permanent residence in Australia.
They must be provided with extra support to enable them to become acquainted with the Australian environment and the services available so they can fully participate in the Australian community. [3]

As the experiences of individuals participating in the off-shore Humanitarian Program are distinguishable from those of TPV holders only by their method of arrival in the country, NCOSS can see no needs-based rationale for excluding TPV holders from these services.

3.2 Migrant Resource Centres


A key service funded by DIMIA is the network of Migrant Resource Centres. These are funded to provide the following outcomes for clients:

Specific services provided by Migrant Resource Centres include:

Migrant Resource Centres are precluded by their service agreements from providing services to TPV holders. In addition to the clause in the Centres’ contracts, this provision is explicitly repeated in the Ministerial letter which confirms their funding. The following is a quote from a letter from the Hon. Gary Hardgrave, Minister for Citizenship and Multicultural Affairs, to a Migrant Resource Centre:


I would like to take this opportunity to remind you that the core funding of your organisation cannot be directed towards any provision of settlement services for Temporary Protection Visa holders, beyond basic referral and information provision and referral to early health assessment and intervention services. [4]

NCOSS finds it extraordinary that services which are specifically established to assist migrants with settlement issues and to support participation in the broader community, should be refused to TPV holders. The Migrant Resource Centres are a key source of ongoing advice and support for migrants in need of assistance. The Commonwealth provides no comparable, alternative source of advice and support for TPV holders.

In practice, the provision of ‘basic referral and information’ to TPV holders is confined to the provision of information. Migrant Resource Centres indicated that they interpreted the restriction as meaning that TPV holders could obtain information from reception, but that staff could not make a phone call or ‘lift a pen’ to assist the TPV holders. This excludes TPV holders from a key source of practical, hands-on assistance to negotiate their way in a new country.

This gap in services to TPV holders has the potential to limit effective use of a range of services for which TPV holders are eligible and which would assist them with settlement. Lack of information about available services, lack of language skills and confidence to negotiate with service providers, lack of trust in dealing with Government service providers, and a range of other factors inhibit use of services which would be of use. Similarly, limited capacity to negotiate with utility providers, financial institutions, and retailers creates the potential for TPV holders to miss out of benefits targeted to low income earners, or to be taken advantage of by unscrupulous agents.

The contractual prohibition on use of Commonwealth core funding to assist TPV holders (beyond basic referral and information provision) would suggest that Migrant Resource Centres are welcome to work with TPV holders where they can obtain other resources to do so. In practice, the prohibition is applied much more broadly.

Migrant Resource Centres indicated that the prohibition extended to the use of Centre resources such as meeting rooms. Centre coordinators stated that they understood that TPV holders were not to attend meetings held in the Centre.

Even where State funding was obtained to conduct events or provide services, Migrant Resource Centres indicated that they were under pressure from DIMIA staff not to allow TPV holders to participate. NCOSS received consistent reports that the Centres were organising the State funded events and meetings off-site so that TPV holders could attend without the Centre experiencing difficulties with DIMIA.

Migrant Resource Centre staff reported a high level of community frustration when these prohibitions were applied. An example provided was of a person from Iraq attending the Centre and receiving services. Having found the Centre useful, she brings her friend in for assistance, but this is refused as the friend is a TPV holder. The refusal of service is inexplicable to the individuals seeking assistance, as they are in very similar situations. The rationale for refusing services is that it is a Government requirement. This raises serious concerns for people who have fled Government persecution, and it undermines the credibility of Migrant Resource Centre as community-based organisations which are independent of Government. The refusal of services to TPV holders creates difficulties for Migrant Resource Centres in their work with the broad range of ethnic communities which they are funded to assist.

The Migrant Resource Centres also reported a high level of DIMIA pressure not to discuss issues affecting TPV holders. Migrant Resource Centres which spoke to NCOSS, did so on condition that they were not publicly identified. They were firmly of the opinion that if they were publicly identified as having spoken about this issue, they would be putting their organisation’s funding at risk.

Migrant Resource Centres are able to effectively collate information on the settlement issues facing TPV holders, even with their limited role in service delivery. It is of serious concern that Migrant Resource Centres are being pressured not to share information or contribute to the debate.

Centres reported a high level of pressure from DIMIA to prevent organisations they worked closely with from discussing immigration issues. The Centres reported that when they were involved in events where TPV issues were discussed, DIMIA inferred that the Centres were deliberately breaching their service agreements. This included events which were planned and delivered by ethnic community groups, rather than the Migrant Resource Centre, but which received some Centre support, such as use of meeting rooms or publicity through local networks.

Despite the contractual obligations and threatening behaviour of DIMIA staff, a number of the Centres reported that they were supporting the provision of services to TPV holders through volunteer activities or in-kind support.

Migrant Resource Centres emphasised that their desire to work with TPV holders was not a request for more funds, but a commitment to provide services to people in their community who are in need of their support. As community-based organisations, they are seeking the right to determine who receives services based on the local needs which their service identifies.

In NSW, a church-based voluntary organisation, the House of Welcome, is running a shopfront service for TPV holders which parallels the advice and referral role of the Migrant Resource Centres. This service is funded entirely by Church sources and private donations through the NSW Ecumenical Council.


4. Accommodation

4.1 Accommodation on release from detention

Accommodation on release from detention is a key area of accommodation assistance. Finding immediate accommodation requires knowledge of the range of short term accommodation options, as well as the language skills to negotiate arrangements and the financial resources to pay for this relatively expensive form of housing. TPV holders commonly have limited English skills and certainly have limited financial resources, and are generally reliant on others for information on accommodation options.

In recognition of the major challenge posed by finding accommodation on arrival in Australia, the Commonwealth Government funds a period of on-arrival accommodation for holders of Permanent Protection Visas. Until recently, the accommodation was available for a 13 week period.

In contrast, TPV holders are not entitled to this on-arrival accommodation or any other form of Commonwealth funded accommodation assistance immediately following detention.

The Australian Housing and Urban Research Institute describes this situation:


Those persons granted a Temporary Protection Visa are then transported to capital cities… Upon arrival in these cities, the TPV refugees are left to fend for themselves because they are not eligible for most existing settlement support services. In reality, they are released into a state of homelessness – caused by the Federal government’s decision not to provide assistance and their ineligibility for a range of settlement assistance. They must make their own pathways out of homelessness and draw upon other assistance to find shelter. The challenges that face this immigrant group would appear to be greater than other groups entering Australia. [5]

In NSW, this gap in services is being addressed by a church-based voluntary organisation, the House of Welcome. This organisation received no Commonwealth or State funding and is funded entirely by church and private donations through the NSW Ecumenical Council.

The House of Welcome provides short term accommodation for TPV holders on their release from detention. The accommodation is in a house leased from the NSW Department of Housing. TPV holders stay an average of four weeks, and in this time the House of Welcome volunteers assist residents to organise Centrelink payments, Medicare cards, open bank accounts and find accommodation in the private rental market.

House of Welcome staff stated that one of the factors prompting the NSW Ecumenical Council to develop the service was the regular phonecalls from DIMIA staff requesting assistance for families on their release from detention.

In other States, some assistance with accommodation on release is provided by community agencies and, in some cases, by State public housing bodies.

In South Australia, NCOSS understands that the South Australian Housing Trust provides short term accommodation for TPV holders immediately after their release from detention.
Single men are accommodated in backpackers’ hostels, with the TPV holder required to pay for the first two nights, while the Housing Trust pays for the next five nights. The maximum provided is two weeks. Single women and families are eligible for accommodation in five Housing Trust houses which are specifically allocated to TPV holders for their initial two weeks. Families can stay for a maximum of four weeks. The Housing Trust has a volunteer who provides assistance with finding private rental accommodation. The Trust can provide further assistance with bond and two weeks’ rent in advance.

In Queensland, NCOSS understands that DIMIA organises the first night’s accommodation for TPV holders on release in Brisbane, and that this is generally a booked motel room which the TPV holder is required to pay for.

NCOSS also understands that Queensland Lifeline provides services to TPV holders through the Romero Centre, and receives some funding from the Queensland Department of Multicultural Affairs to do so. This is the first point of contact for TPV holders. After DIMIA has organised the first night’s accommodation, the Romero Centre provides practical assistance to people to find housing in the private rental market.

4.2 Housing (medium to long term)

4.2.1 Public and community housing

Public and community housing has the advantages of affordable rents, security of tenure, and varying levels of support to maintain the tenancy. These are a source of medium to long term accommodation which are targeted to low income and other disadvantaged groups living in the community.

Holders of Permanent Protection Visas are eligible for public and community housing in NSW, however TPV holders are not. NCOSS understands that some States and Territories do not have these restrictions.

4.2.2 Private rental accommodation

TPV holders are also eligible for Rent Assistance, which is a Commonwealth payment to assist with the cost of rental accommodation.

In NSW, Rentstart and Rentstart Plus are schemes of assistance for individuals having difficulty entering the private rental market. Rentstart provides up to three weeks bond and Rentstart Plus provides up to full bond and two weeks rent in advance. Rentstart Plus previously provided assistance with utlitity connection fees, however NCOSS understands that this has been withdrawn.

TPV holders are not eligible for the Rentstart and Rentstart Plus schemes as recipients must meet public housing eligility criteria in addition to a range of other conditions. As noted above, TPV holders are not public housing eligible. Despite this, NCOSS understands that many TPV holders have obtained assistance through this scheme. In the absence of any other program of Government support, ongoing access to this scheme is essential. Entry to the private rental market generally requires payment of four weeks’ bond and two weeks’ rent in advance, and this is unachievable for TPV holders who are wholly dependent on fortnightly Special Benefit payments.

While support to access the private rental market may meet the needs of some TPV holder families, there are many families for whom it will pose significant difficulties. These include housing stress due to the high cost of accommodation, insecure tenure, discrimination in obtaining accommodation, and the costs and social dislocation flowing from repeatedly changing address.

4.2.3 Household formation

An additional cost of housing is the purchase of household items including furniture and kitchenware. Refugees entering Australia under the off-shore Humanitarian Program are eligible for ‘Household Formation’ assistance which helps in establishing a household with a basic package of household items. TPV holders are not eligible for this program.

4.3 Emergency accommodation

TPV holders are eligible for emergency accommodation through the Supported Accommodation Assistance Program (SAAP) which funds a range of services for homeless people. These programs are targeted at short-term, emergency accommodation for people who are in a situation of crisis.

The Department of Community Services, which administers SAAP in NSW, is planning a study in relation to asylum seekers and people with non-permanent resident status using SAAP. While not suggesting that TPV holders be excluded from SAAP services, they have expressed concerns about the appropriateness of SAAP services for this client group:

It’s inappropriate for asylum seekers to be in SAAP services. In some cases, the asylum seekers are very vulnerable individuals who are staying in large inner city services which are not geared to support them. This means that they can be isolated and in danger of becoming “lost in the system”. They may also be vulnerable to abuse and at risk of self harm and suicide due to depression and trauma… The depression and anxiety conditions many asylum seekers suffer can be exacerbated by living in crisis services… These clients are very high need and require an intensive support with some agencies estimating that supporting asylum seekers requires at least four times the commitment in staff hours of their usual clients. [6]

While SAAP services are considered inappropriate accommodation for this client group, there are strong indications that SAAP services will be regularly called upon to provide support to this population. The Australian Housing and Urban Research Institute comments that: ‘…many [TPV holders] end up as homeless or are at great risk of becoming homeless.’ [7]

NCOSS is well aware that SAAP services are already overstretched in providing assistance to the existing population of homeless people, and is concerned that adding to that population will create additional stress for these services. This will further disadvantage all the populations they assist.

4.4 Summary

The Australian Refugee Council has identified affordable accommodation as one of the three most pressing needs of TPV holders. [8]

TPV holders are denied the support provided to entrants under the off-shore Humanitarian Program, despite having similar needs. Instead of being provided with four weeks’ accommodation on release, they are reliant on voluntary organisations and some State housing agencies to assist. The Australian Housing and Urban Research Institute describes this as ‘being released into a state of homelessness.’

Commonwealth support to obtain medium and longer term accommodation is limited to rent assistance payments. TPV holders are not eligible for public and community housing in all States. In NSW, TPV holders are limited to the private rental market, and families face housing stress due to the high cost of accommodation, insecure tenure, discrimination in obtaining accommodation, and the costs and social dislocation flowing from repeatedly changing address.

The Australian Housing and Urban Research Institute comments:

The difficulties [TPV holders] are experiencing acquiring suitable accommodation are likely to have long term impacts on their settlement and integration in Australia. [9]


5. English classes


Unlike TPV holders, refugees and humanitarian entrants who have a ‘200-class visa’ are entitled to attend a range of Commonwealth funded English courses free of charge. NCOSS understands that TPV holders are entitled to attend one only of the Language, Literacy and Numeracy Program (LLNP) courses, Advanced English Language. This course requires advanced competency in English before enrolment, and eligibility is subject to Centrelink assessment. The course is a 400 hour course.

Other English language training may be provided through the State TAFE system, however access and fees are based on the policies which operate in each State.

In NSW, a number of English language courses are provided through the TAFE system. TAFE is open to anyone over the age of 15, including TPV holders, however TPV holders are required to pay full fees. The fees are $8.50 per staff/student contact hour plus the administration fee.

In all NSW TAFE courses, permanent residents are given first priority, which means that TPV holders are unable to attend popular courses even where they are able to pay full fees.

South West Sydney TAFE has established two programs for TPV holders using discretionary funds. Each TPV holder is required to make a case for an individual exemption from fees. One course is a 15 place English language course, and the second is a course for TPV holders who have been in a high school based Intensive Language Centre but have left and still need assistance with developing their English skills. NCOSS understands that some regional TAFEs are providing other forms of assistance, but the numbers are extremely small.

The House of Welcome, a church-based organisation funded from church and private donations, is running volunteer English classes for TPV holders in NSW. These classes are provided in conjunction with Friends of STARTTS (Service for the Treatment and Rehabilitation of Torture and Trauma Survivors). At the time of writing, this program had 16 volunteer teachers and 103 students.

NCOSS is aware of other volunteer English language programs provided through local Councils and community organisations.

As part of the school system, TPV holder children are eligible to participate in a range of English language programs and these are provided free of charge.

In summary, TPV holders are well supported to learn English while they are participating in the public school system. Once outside that system, they are unable to access beginner and intermediate level English classes targeted specifically at new arrivals under the Language, Literacy, and Numeracy Program (LLNP).

TPV holders who are not attending school in NSW are primarily reliant on volunteer programs for all levels of English language training. In NSW, TPV holders are effectively precluded from accessing English classes in TAFE as they are charged full fees. While NCOSS is aware of two NSW TAFE courses for TPV holders which are free of charge, these are marginal programs.


6. Employment services


6.1 Job Network

TPV holders are eligible for the Job Network job matching service, and they are also entitled to use the facilities at Centrelink Customer Service Centres such as the touch screens, fax and photocopier.

TPV holders are not eligible for any other Job Network services including:

The Job Network services which TPV holders are excluded from are precisely the forms of assistance which many TPV holders would require to seek and obtain employment in a new country. Intensive Assistance is a highly appropriate service to individuals with limited English language skills and who face a range of other barriers to obtaining employment.

The Job Network services which are provided are of limited value. Use of the touch screen to identify job vacancies assumes adequate English language skills and computer proficiency. This effectively precludes many TPV holders from making use of even these restricted services.


6.2 Work for the Dole

TPV holders are not eligible for Work for the Dole programs, which are limited to over-18 year olds on full-rate Newstart or Youth Allowance. While this program is problematic, it is framed as a means for unemployed individuals to obtain experience. It seems extraordinary that TPV holders are ineligible to take part.

6.3 Recognition of overseas qualifications

TPV holders are ineligible for the National Office of Overseas Skills Recognition (NOOSR) loan scheme to support bridging training for overseas trained professionals. This scheme provides overseas trained professionals with interest-free, deferred payment loans to cover the costs of tuition to assist them to meet formal professional recognition requirements in Australia.

7. Maintaining family relationships


7.1 Barriers to maintaining family relationships

While some TPV holders have travelled to Australia with their immediate family, many are separated from members of their immediate family, including parents, siblings, spouse or children.

TPV holders are not permitted to sponsor family members to Australia. This prohibition extends to parents, spouse and children, as well as extended family. In contrast, individuals who have entered Australia under the off-shore Humanitarian Program are entitled to bring members of their immediate family to Australia.

If a TPV holder leaves Australia for any reason, including visits to relatives, they forfeit their right to return to Australia. Permanent Protection Visa holders are entitled to depart and re-enter Australia without penalty.

These provisions do not provide a legal impediment to family members visiting Australia, or to them applying for residency in their own right through the off-shore humanitarian program or other immigration program, however there are significant non-legal barriers.

For individuals on extremely low incomes, the cost of travelling to Australia is prohibitive. Applicants for visas to visit Australia are also subject to DIMIA’s assessment process, which can refuse applicants on the basis that they may represent a high risk of overstaying or otherwise breaching their visa conditions while in Australia. ‘Breaching visa conditions’ includes applying for asylum while in Australia.

The small numbers of individuals accepted through Australia’s off-shore humanitarian entrants program leaves family members with little hope of success.

The net effect of these two provisions is to effectively prevent direct, personal contact between TPV holders and family members living outside Australia. This is a harsh regime. NCOSS would strongly argue that this is not in the best interests of child refugees residing in the community.

7.2 Unaccompanied minors

NCOSS is concerned about the impact of these policies on all children, but is particularly concerned about unaccompanied minors. NCOSS strongly urges the Commonwealth Government to reconsider the prohibition on family reunion in relation to unaccompanied minors.

Parental care is the primary source of emotional and practical support for children. Where an unaccompanied minor has a parent or a relative prepared to perform this role, this is manifestly the most desirable form of care for that child. NCOSS remains extremely concerned that the prohibitions on family reunion for TPV holders are leaving children without parents or appropriate guardians.

State Governments provide care to unaccompanied minors through the ‘out of home care’ system. The outcomes of ‘out of home care’ for children and young people are problematic. A study quoted by the Community Services Commission found that children leaving care were lonely, over-represented in the criminal justice system, under educated, lacking in basic survival skills, and often faced homelessness. [10]

Out of home care is a costly service. While this investment is entirely appropriate for children who do not have parents or guardians able to provide a home which is free of abuse and neglect, it is worth considering the costs for children who have a non-abusive parent or guardian who is not permitted to reside in Australia. It is highly likely that permitting the parent or guardian to migrate would cost Government significantly less than placing the child in care.

As an example of the costs, the Queensland Minister for Housing, the Hon. J. Spence stated that the State Government had provided in excess of $137 000 to Mercy Family Services in Brisbane for day-to-day casework management for more than 20 unaccompanied minors for the period January-May 2002. The State Government had also paid for their medical services and housing. She noted that over the same period, only $21 854 had been received from the Commonwealth to support those children and young people. [11]


8. Income support


8.1 Pathways to employment

Adult TPV holders and unaccompanied minors are eligible for Special Benefit. While this is an appropriate benefit for humanitarian entrants, there are aspects of the administration of this benefit which create strong disincentives to enter employment.

TPV holders in receipt of Special Benefit have their payment reduced dollar for dollar for any earned income. This approach is a strong disincentive to seek part-time or casual work, which is a common path into the labour market. In recognition of this, recipients of Newstart, for example, are entitled to earn up to $62 per fortnight without penalty, and a higher income leads to a reduction in benefit on a scale of 50c then 70c in the dollar.

NCOSS understands that TPV holders who have obtained work, and then left it voluntarily, have had their Special Benefit reduced in a similar manner to Jobsearch or Newstart recipients. Again, this provides a disincentive for TPV holders to enter employment.

As noted above, TPV holders are not eligible for the training and other employment services provided to recipients of a range of other benefits.

The structure of income support for TPV holders ensures that they receive some of the financial disadvantages attaching to unemployment benefits without any of the advantages of training and support.

8.2 Unaccompanied minors

A specific problem exists in relation to income support for unaccompanied minors. Special Benefit is payable to children to the age of 18, however they are not eligible after this age if they are in full-time study. As many young people complete their schooling in the year they turn 18, this poses particular difficulties. NCOSS strongly recommends changes to Special Benefit provisions to allow TPV holders who arrived in Australia as unaccompanied minors, to receive full Special Benefit while completing their schooling.


9. Post-secondary education


After leaving school, young people have a range of post-secondary education options. These include TAFE and university.

As discussed above, TPV holders are eligible to attend TAFE in NSW, but are required to pay full fees. While TAFE costs vary between regions, a Business Diploma consisting of 573 hours of tuition, would cost approximately $4 700. For people on low incomes, this is an effective barrier to entry. Holders of permanent residency take precedence over TPV holders, providing another barrier to entry to popular courses.

TPV holders are eligible to attend university, but again are required to pay full fees. These fees are a highly effective barrier to further education for young people on low incomes. For example, a Bachelor of Arts degree at the University of NSW has fees of $15 600 per year for a three year course, and a Bachelor of Medicine has fees of $31 920 for the first year of a six year course.

A further difficulty flows from the income support system available to TPV holders. When unaccompanied minors turn 18, they cease to be eligible for Special Benefit if they are engaged in full-time education. The complete loss of income flowing from participation in full-time study effectively precludes young TPV holders from full time schooling if they are completing their final year/s of schooling after the age of 18, and similarly precludes full-time participation in post-secondary education.



10. Conclusions


The needs of child TPV holders living in the community is an issue of support for families as well as support for individual children. NCOSS does not consider it productive to analyse the situation of children in isolation from their parents or guardians. Housing, for example, is obtained by parents and is of direct benefit to children. Assistance for parents to obtain employment assists children by increasing family income. In the longer term, it also improves the life chances of the children, including increasing the likelihood of obtaining employment when they finish education.

For unaccompanied minors living in the community, the adequacy of the ‘our of home care’ system is of primary concern. NCOSS is also concerned about the barriers to family reunion and the maintenance of family relationships

TPV holders are provided with temporary visas, but are potentially long term residents of Australia. An appropriate policy response would be to provide TPV children and their families with the full range of services in the community which are provided to other humanitarian entrants and to migrants in general. It is also appropriate to recognise that ‘temporary’ arrangements of three years, cover key developmental stages in a child’s life.

Commonwealth Government policies are entirely at odds with this long term approach. The Commonwealth has actively excluded TPV holders from the bulk of services it funds for humanitarian entrants and for new migrants in general. As TPV holders have similar needs to other humanitarian entrants, and greater and more complex needs than the majority of new migrants, this policy is clearly not based on need.

The Commonwealth approach is providing all the preconditions for TPV holders to develop as a underclass in the Australian community. TPV holders are ineligible for the basic and intermediate English classes provided free of charge to new migrants. The intensive employment assistance services provided through the Job Network to other immigrants facing barriers to employment are not available to TPV holders. NCOSS considers the offer of touch-screen job searching to TPV holders as a ludicrous response to individuals with limited English and, in many cases, no previous experience of computer equipment.

It is a comment on the Australian community that volunteer and charitable services have developed to fill the gaps created by the Commonwealth discrimination against TPV holders. Housing on release from detention in NSW is provided by a voluntary agency. This agency has also responded to the Commonwealth’s extraordinary prohibition on Migrant Resource Centres providing advice and support to TPV holders, by developing its own shopfront service. And this agency, alongside a number of other community organisations and local councils, is providing English classes to TPV holders on a voluntary basis.

While the Commonwealth Government is prepared to permit other humanitarian entrants to bring immediate family to Australia, TPV holders are unable to bring parents, siblings, spouses or children to join them in Australia. This is a harsh regime for all children and their families, but is an extraordinarily brutal policy for unaccompanied minors. These children are dependent on the vagaries of the ‘out of home care’ system for their care and support, rather than the care of a parent or close relative who may be currently resident in another country.

For young people, the financial barriers to participating in TAFE or university education are sufficient to guarantee very few TPV holders will be able to obtain any post-school education. For unaccompanied minors who are completing school after they turn 18 years of age, the loss of income support provides a further and inexplicable barrier to obtaining education.

Compounding these gaps in services is the prohibition on Migrant Resource Centres providing assistance to TPV holders. These organisations, which were established to assist new migrants with settlement in Australia, are a critical gap in services for TPV holders. These are the gateway to a range of services which TPV holders are eligible for, and the primary source of assistance to negotiate difficulties with government agencies, private corporations, employers and other institutions.

NCOSS is extremely concerned about the quality of life and the future life chances of child TPV holders and their families. Access to secure and affordable housing, English language classes, and assistance to obtain employment are basic services to assist individuals and families to settle in the Australian community and achieve financial self-sufficiency over time. Similarly, the financial barriers to young people completing schooling and taking part in post-secondary education are policies with alarming long term impacts.

NCOSS strongly urges immediate action by the Commonwealth Government to provide TPV holders with:

NCOSS also urges the NSW Government to improve its services to TPV holders. Priorities are:

NCOSS urges the Commonwealth, through DIMIA, to support its funded services to actively participate in debates surrounding TPVs, rather than seeking to suppress critical comment on an issue of such importance to the Australian community.

1. Australian Refugee Council, Position paper on Temporary Protection Visas, September 2000
2. DIMIA, Integrated Humanitarian Settlement Strategy, Fact Sheet 66, 2001
3. DIMIA, Integrated Humanitarian Settlement Strategy, Fact Sheet 66, 2001
4. Letter from The Hon. Gary Hardgrave, Minister for Citizenship and Multicultural Affairs, to a Migrant Resource Centre (name of service withheld on request), undated 2002
5. Australian Housing and Urban Research Institute, Project funding application: A comparative study of housing needs and provisions for recently-arrived refugees, undated
6. Memo to SAAP peaks from Thea Walsh, NSW Department of Community Services, December 2001
7. Australian Housing and Urban Research Institute, Project funding application: A comparative study of housing needs and provisions for recently-arrived refugees, undated
8. Australian Refugee Council, Position paper on Temporary Protection Visas, September 2000
9. Australian Housing and Urban Research Institute, Project funding application: A comparative study of housing needs and provisions for recently-arrived refugees, undated
10.Cashmore and Paxton (1996) quoted in Community Services Commission, Substitute Care in NSW: Final Inquiry Report, Sydney, 2000
11. Hon. J. Spence, Minister for Families, Minister for Aboriginal and Torres Strait Islander Policy, and Minister for Disability Services, Ministerial Statement on Unaccompanied Refugee Minors, 14 May 2002, Hansard – Legislative Assembly, 1519

Last Updated 14 July 2003.