PROTECTION VISA OVERVIEW

(prepared by CASE for Refugees case_for_refugees@yahoo.com.au )

Pre 20 October 1999

From 1994, all applicants for a protection visa were granted permanent residence if successful. They were granted the subclass 866 visa.

That visa entitled them to:

• Sponsor dependent family members (spouse and dependent children)
• Permanent resident rights for social security and Medicare
• Access to citizenship if meet residency and character requirements

From 20 October 1999 to 26 September 2001

A new subclass was created called the temporary protection visa (TPV) subclass 785.

Initially the TPV only applied to those who were not immigration cleared, ie: boat arrivals, airport arrivals or stowaways.

The class of people included was widened from 1 November 2000 to include those who came in on fraudulent documents.

TPV holders have the following restrictions:

• No sponsorship of dependent family members
• Overseas Student rates for study
• Can only apply for a Class XA protection visa (8503 condition), no other visa application is possible
• No return if leave Australia, even though assessed a s a refugee

From 27 September 2001 to 27 August 2003

A new rule was inserted in the 866 subclass, known as the ‘7 day rule’ for all applications lodged on or after 27 September 2001. The rule is:

866.215 (1) If the applicant has held a Subclass 785 (Temporary Protection) visa since last entering Australia, the applicant, since leaving his or her home country, has not ever resided, for a continuous period of at least 7 days, in a country in which the applicant could have sought and obtained effective protection:

(a) of the country; or

(b) through the offices of the United Nations High Commissioner for Refugees located in that country.

(2) The Minister may waive the requirement under subclause (1) if the Minister is satisfied that it is in the public interest to do so.

This added a new hurdle to be overcome by applicants for the 866. If an applicant for a protection visa could not overcome the 7-day rule, but were still refugees, then the best visa they could be granted was another TPV 785.

Since 28 August 2003.

The most recent change has two main affects. Firstly, any TPV holder who made their Class XA application on or after the 27 September 2001, and before 28 August 2003, would no longer have to get over the 7-day rule hurdle.

The second change was to effectively remove the 866 from being granted to an applicant unless they had already been granted a 785. This means that immigration cleared cases are now as badly off as all other applicants. The rule affects new applications from 28 August, as the assessment is a time of application criteria.

The first protection visa than an applicant will now get (if they lodge from 28 August 2003) will be the TPV 785.

A further change means that a TPV can now be granted for less than 3 years, so that if there were a TPV holder who was later joined by a spouse and/or children who were also granted a TPV, then the change means that the TPVs can be matched up so that they are valid for the same length of time, rather than having one person on a visa longer than another.