Temporary Protection Visas: operation and impacts
Background
Between 1994 and 1999, all refugees in Australia, including 'unauthorised' arrivals found to be refugees, had access to a Permanent Protection Visa (PPV). The PPV allows refugees to settle permanently, gives them access to comprehensive settlement support and enables them to sponsor family members to join them in Australia.
In October 1999, in response to growing numbers of 'unauthorised' boat arrivals, the Federal Government introduced the Temporary Protection Visa (TPV) for refugees who arrive in Australia without a valid visa. The TPV is a temporary three year visa which denies refugees automatic eligibility for family reunion and limits their access to the kinds of settlement support available to those refugees who are granted permanent protection.
As of 14 June 2002, 8 441 TPVs had been issued, the majority to refugees from Iraq and Afghanistan. [1] Several studies have revealed that the TPV policy has had a negative impact on refugees, fostering insecurity, isolation, confusion, powerlessness and health problems. [2] The TPV policy has also resulted in an increased burden on community organisations, state governments and volunteers who are struggling to meet the needs of TPV holders, especially in the critical areas of housing and education. [3]
Refugee protection visas
Australia's Migration Act 1958 creates two visa categories: (1) permanent visas to stay in Australia indefinitely and (2) temporary visas to enter and/or stay for a defined period or until a defined event occurs. [4]
Visas are further categorised into 'classes'. Most of those classes are prescribed by the Migration Regulations 1994 although some are set out in the Act itself. [5]
Class XB - 'Refugee and Humanitarian Visas' - applies to people making their visa applications while living outside Australia. Most successful 'offshore' refugee and humanitarian applicants receive a permanent visa: either a Subclass 200 Refugee visa or a Subclass 202 Global Special Humanitarian visa.
People applying for protection as refugees from within Australia are not able to apply for a Class XB visa. Instead they must apply for a Class XA visa. Until 1999, everyone seeking protection within Australia could apply for the same Class XA visa which was a permanent visa. The introduction of TPVs in October 1999 created a two tier system to distinguish between asylum seekers arriving in Australia with a valid visa from those arriving without one. There are now two Class XA visa subclasses:
- Subclass 866 - Protection Visa (PV) - a permanent visa - for refugees who entered Australia with a valid visa. [6]
- Subclass 785 - Temporary Protection Visa (TPV) - for refugees who entered Australia without a valid visa.
Temporary Protection Visas
TPVs were introduced by the Federal Government in October 1999 in response to increasing numbers of asylum seekers arriving in Australia by boat in the late 1990s. The TPV regime was intended to serve as a deterrent against further 'unauthorised' boat arrivals.
The TPV is a temporary 3 year visa. TPV holders must apply for another protection visa before their TPV expires if they wish to remain in Australia. If TPV holders are assessed as still being in need of protection, they will be granted another protection visa.
Prior to 27 September 2001, refugees who were granted TPVs in the first instance could subsequently apply for and be granted permanent protection if they were found to have a continuing protection need and if they had held a TPV for a period of thirty months.
Legislation which came into effect on 27 September 2001 changed the criteria for the grant of permanent protection. These changes mean that TPV holders will not meet the criteria for grant of permanent protection if, since leaving their home country, they resided for 7 days or more in a country where they could have sought and obtained effective protection (either from the government of the country or through an office of the United Nations High Commissioner for Refugees located in that country). If these TPV holders are found to engage Australia's protection obligations, they will be granted a further 3 year TPV. The '7 day rule' may be waived by the Minister for Immigration if it is deemed in the public interest to do so. This rule applies to all TPV holders who had not lodged an application for further protection by 27 September 2001.
Table 1: PV and TPV visa conditions compared
| - | Protection Visa (PV) | Temporary Protection Visa (TPV) |
| Social security | Immediate access to the full range of social security benefits. | Ineligible
for Newstart, Youth Allowance, Sickness Allowance, Parenting Payment,
Austudy and a range of other benefits.
May access Special Benefit, which is means tested and reviewed every 13 weeks. (Formal activity testing has been proposed.) Eligible for Family Tax Benefit,Child Care Benefit, Maternity Allowance, Maternity Immunisation Allowance and Double Orphan Pension. Can access Medicare. |
| Education | Same access to education as any other permanent resident. | Access to school education subject to state legislation. Effective preclusion from tertiary education due to imposition of full fees. |
| Settlement support | Access to full range of Immigration Department settlement support services including the Integrated Humanitarian Settlement Strategy (IHSS). Receive 13 weeks initial accommodation and bond assistance. Eligible for rent assistance. |
Not eligible for most Immigration Department funded services such as Migrant Resource Centres and ethno-specific community welfare agencies. Can use Early Health Assessment and Intervention Programs. Limited access (12 sessions) to torture and trauma counselling. Eligible for rent assistance. No initial accommodation offered or bond assistance. |
| Family reunion | Able to apply to bring members of immediate family (spouse and children) to Australia. | Not eligible for family reunion (including reunion with spouse and children) except at the discretion of the Minister for Immigration. |
| Work rights | Permission to work and receive employment assistance. | Permission to work but ability to find employment influenced by temporary nature of visa and poor English skills. No access to Job Network assistance. Can access Job Matching. |
| Language training | Access to 510 hours of English language training through the Adult Migrant English Program (AMEP) or the Advanced English for Migrants Program (AEMP). Eligible for Translating and Interpreting Service (TIS). |
Not eligible for the federally funded English language programs - the Adult Migration English Program (AMEP) or the Advanced English for Migrants Program (AEMP). Not eligible for TIS. TPV minors eligible for English as a Second Language New Arrivals Program in schools. |
| Travel | Will be able to leave the country and return without jeopardising their visa. | No automatic right of return. |
TPV impacts
Does withholding settlement services and supports affect how well TPV holders settle into Australian society? What are the impacts on the communities in which TPV holders settle?
The most comprehensive study to date on the impacts of TPVs on refugees was published in Queensland in February 2001. [7] The study found that TPVs have a negative impact on the physical and psychosocial health, employment prospects and general well-being of refugees living in Queensland. Specifically:
- The current level of health care provided to TPV holders is likely to result in long term health problems and economic cost to the health system.
- Isolating people who have experienced torture and trauma through the denial of adequate settlement assistance further undermines their sense of safety, security and certainty. Evidence suggests that TPV holders are in a state of limbo which is a source of frustration and deep anxiety.
- Denial of English language tuition was a major barrier to their participation in society and was likely to cause long-term welfare dependency.
- Employer reluctance to employ TPV holders reflects negative community perceptions about them. There is a mistaken perception among many employers that TPV holders do not have the right to work.
- TPV holders experience considerable difficulty in locating suitable accommodation.
- TPV holders arriving unaccompanied by other family members experience unique psychosocial illness due to their age, service provision arrangements and separation from family.
- Caring for TPV holders without Federal Government support has created enormous strain for community service providers and shifted costs to State and community-based organisations.
A more recent study of the impact of TPVs on refugees, service providers and community organisations in Melbourne made similar findings:
- Restrictions attached to the TPV are resulting in less successful settlement outcomes.
- There is confusion on the part of service providers relating to the two-tier system of settlement service provision and difficulties in assisting TPV holders, particularly in the areas of housing and education.
- Serious concerns have been identified by community associations and volunteers about their capacity to support TPV holders with minimal financial assistance. [8]
The authors of the Melbourne study recommend that restrictions on services available to TPV holders should be lifted immediately so that these refugees can begin to heal and move forward and Australia can begin to benefit from the knowledge and resources they are keen to offer.
The evidence points to the potential for long-term difficulties affecting both refugees and the communities in which they live resulting from limited provision of settlement services. The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) has itself acknowledged that "early access to appropriate settlement services allows migrants and refugees to move towards active economic and social participation in Australian society as self-reliant and valued members". [9]
Disproportionate impact on refugees from Iraq and Afghanistan
The introduction of TPVs and the provision of differential services to refugees based on whether they arrived in Australia with or without a valid visa impacts disproportionately on refugees of particular national origins.
The majority of TPVs in 2000-01 were granted to refugees from Afghanistan and Iraq. A much smaller proportion of permanent visa holders are from these countries as shown in Table 2.
Table 2: Humanitarian visa grants by country of birth, 2000-01
| Country of birth | Refugee: Offshore Subclass 200 | PV:
Onshore Subclass 866 |
TPV:
Onshore Subclass 785 |
|||
| - | N |
% |
N |
% |
N |
% |
| Iraq | 484 |
13 |
35 |
3 |
1,637 |
37 |
| Afghanistan | 151 |
4 |
8 |
1 |
1,361 |
30.5 |
| Iran | 420 |
11 |
47 |
4 |
192 |
4 |
| Sri Lanka | - |
- |
132 |
12 |
22 |
0.5 |
| Burma | 44 |
1 |
77 |
7 |
- |
- |
| Yugoslavia* | 1,006 |
26 |
34 |
3 |
- |
- |
| Other/Unknown | 1,735 |
45 |
792 |
70 |
1,240 [10] |
28 |
| Total | 3,840 |
100 |
1,125 |
100 |
4,452 |
100 |
Source:
Population Flows 2002 and Outcomes Reporting Section (ORS), DIMIA,
Migration Program Management System (MPMS) data system accessed 3 April
2002. DIMIA (ORS), ICSE data by country of birth and visa subclass, accessed
5/9/02.
* Includes
former Yugoslavia, Croatia, Bosnia Herzegovina and Macedonia.
Asylum seekers from Iraq and Afghanistan may be more likely to arrive in Australia without a valid visa because of difficulties in accessing overseas channels through which to apply for a visa to come to Australia. DIMIA operates 50 missions overseas, 15 of which processed offshore refugee and humanitarian visas in 2000-01. The closest DIMIA offices for asylum seekers from Afghanistan and Iraq were in Islamabad (Pakistan), Tehran (Iran), Ankara (Turkey) and Beirut (Lebanon). The number of offshore visas granted and average waiting times at these offices are shown in Table 3.
Table 3: Visa grant numbers and average processing time for offshore refugees (Subclass 200) at select DIMIA offices for 2000-01 program year
Office |
Waiting time in weeks for |
Total
no. of people granted visas |
||
| 25% of grants | 50% of grants | 75% of grants | ||
| Ankara (Turkey) | 28 | 35 | 49 | 335 |
| Beirut (Lebanon) | 48 | 68 | 75 | 229 |
| Islamabad (Pakistan) | 46 | 58 | 69 | 168 |
| Tehran (Iran) | 86 | 105 | 105 | 46 |
| Worldwide | 25 | 41 | 67 | 3,447 |
Source: A Manager's Guide to Visa Grant Times for Offshore Permanent Migration,
Refugee Component (Visa Subclass 200) 01/07/2000 - 30/06/2001. Outcomes
Reporting Section - MPMS data extracted February 2002.
Note: These figures indicate the average time taken to process a successful application for an offshore refugee (Subclass 200) visa. For example,
25% of successful applications for a Subclass 200 visa were granted at
the DIMIA office in Ankara within 28 weeks of the application being received. [11]
Afghan refugees constitute the largest group of refugees worldwide (some 3.8 million in 2001). Iraqis make up the third largest group of refugees globally (530,000 in 2001). [12] Given the limited number of refugee visa grants made at the DIMIA offices closest to Afghanistan and Iraq, it is reasonable to assume that refugees from these countries face a long wait for an uncertain visa outcome if they apply for an Australian protection visa offshore.
Afghans and Iraqis also face greater hurdles than many other nationalities in applying for other Australian visas, such as visitor (tourist) and student visas. Unlike many other would-be visitors to Australia, those from Afghanistan or Iraq cannot apply for an Electronic Travel Authority though the internet or a local travel agent. Instead they must apply in person at an Australian visa office. The nearest DIMIA offices that process travel authorisations are in Islamabad (Pakistan) and Amman (Jordan).
Being outside their country of residence when they apply raises a suspicion that they may not be planning a genuine visit to Australia but rather intend to apply for protection once lawfully in Australia. Visitor visa applicants from Iraq and Afghanistan must also show a higher level of documentary evidence of their intention to return home because their countries appear on DIMIA's Risk Factor List. This list is used by DIMIA to identify and exclude people who could abuse a visitor visa by remaining in Australia unlawfully or failing to abide by visa conditions. The difficulty of entering Australia through the offshore humanitarian program or as a student or visitor increases the likelihood that asylum seekers from Afghanistan and Iraq will attempt to enter through 'unauthorised' channels.
1.Parliament of Australia, Family and Community Services Legislation Amendment (Special Benefit Activity Test) Bill 2002. Bill's Digest No. 46 2002-03.
See also: Department of Immigration and Multiculturali and Indigenous Affairs, Population Flows Immigration Aspects, Figure 2.27 Protection Visa Grants by Citizenship, p 28. 2001.
2. Renae Mann, Temporary Protection Visa Holders in Queensland, Multicultural Affairs Queensland, February 2001; Liz Curran, Forgotten People - Asylum in Australia, Occasional Paper No. 10, Catholic Commission for Justice, Development and Peace, February 2001; Fethi Mansouri & Melek Bagdas, Politics of Social Exclusion: Refugees on Temporary Protection Visa in Victoria, Victorian Arabic Social Services & Deakin University, 2002; Temporary Protection Visa Holders in Queensland - A Year On, Findings from a consultation held by Brisbane City Council's Social Action and Equity Team, May 2002.
3. Mann, note 2, p 21; Mansouri and Bagdas, note 2, p 17.
4. See section 30, Migration Act 1958 (Cth). These categories are relevant in other legislative contexts. For example, to be eligible for most social security benefits, a person must be an 'Australian resident' as defined in the Social Security Act 1991 (Cth). Section 7(2) of that Act defines 'Australian resident' so as to include holders of permanent visas but not temporary visas.
5. See sections 31-38, Migration Act 1958 (Cth).
6. See Schedule 2 of the Migration Regulations, clause 866.
7. Renae Mann, Temporary Protection Visa Holders in Queensland, Multicultural Affairs Queensland, February 2001.
8. Fethi Mansouri & Melek Bagdas, Politics of Social Exclusion: Refugees on Temporary Protection Visa in Victoria, Victorian Arabic Social Services & Deakin University, 2002.
9. Refugee Resettlement Advisory Council, Youth Strategy Paper: The challenges and stresses facing refugee young people in resettlement, Department of Immigration and Multicultural and Indigenous Affairs (DIMIA), 2001.
10. The Outcomes Reporting Section of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) advises that there is no record of birthplace recorded for an estimated 80% of the 1,240 TPV holders issued visas in 2000-01. The remaining 20% of 'others' were born in a wide range of countries.
11. The Department does not supply information about waiting times for unsuccessful applicants or the total number of applications lodged at its overseas offices.
12. United Nations High Commissioner for Refugees (UNHCR), Refugees by Numbers: 2002 Edition, p 8.
Contributing Author: Susanna Iuliano