The 2016-17 Federal Budget maintains funding for offshore detention and processing of asylum seekers, as well as measures designed to address people-smuggling.
Temporary Protection Visas and Safe Haven Enterprise Visas
Temporary Protection Visas and Safe Haven Enterprise Visas are types of temporary visas available to asylum seekers in Australia. Holders of a temporary visa do not have the same access to services, rights and residency or citizenship pathways as refugees who hold a (permanent) Protection Visa. The key difference between asylum seekers eligible for a Protection Visa and those eligible for a temporary visa is method of arrival in Australia, not the legitimacy of their refugee status.
- 1. During the operation of the TPV regime, these rules were laid down in Migration Regulations 1994 (Cth), Schedule 2, Visa Subclass 785 – Temporary Protection.
- 2. See Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 (Cth); Migration Regulations 1994 (Cth), Schedule 2, cl 866.215.
- 3. Savitri Taylor, ‘Protection or Prevention? A Close Look at the New Temporary Safe Haven Visa Class’ (2000) 23 University of New South Wales Law 75.
- 4. Report of the Expert Panel on Asylum Seekers, Attachment 4: Australia’s Contribution to International Protection, (August 2012), 88.
- 5. Ibid.
- 6. Rural Australians for Refugees, Changes to Asylum Seeker Visas; Will Hodgman, Safe haven Enterprise Visa Program Begins, Tasmanian Department of Premier and Cabinet (10 October 2015), Jay Weatherill, ‘Safe Haven Enterprise Visa zone announcement’ (17 February 2016).
- 7. Australia Minister for Immigration and Border Protection, ‘Reintroducing TPVs to Resolve Labor’s Asylum Legacy Caseload, Cambodia’ (Press Conference, 26 September 2014).
- 8. Refugee Council of Australia, Temporary Protection Visas (Policy Brief, 24 September 2013) <http://www.refugeecouncil.org.au/r/pb/PB1324_TPVs.pdf>
- 9. Human Rights and Equal Opportunity Commission, A Last Resort? National Inquiry into Children in Immigration Detention, April 2004, 20, 815–20.
- 10. Ibid 817–20.
- 11. United Nations High Commissioner for Refugees (UNHCR), Roundtable on Temporary Protection, 19–20 July 2012: Summary Conclusions .
- 12. See Jane McAdam and Tristan Garcia, Submission to the National Human Rights Consultation, 10 June 2009, 26.
- 13. Alice Edwards, ‘Tampering with Refugee Protection: The Case of Australia’ (2003) 15 International Journal of Refugee Law 192, 197–200.
- 14. Council Directive 2001/55/EC of 7 August 2001 on 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  OJ L 212/12, art 5.
- 15. Alliance of Liberals and Democrats for Europe, ‘Roadmap to get a grip on the refugee crisis’, (2 February 2016).
- 16. See Council Directive 2011/51/EU of 11 May 2011 amending the Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection  OJ L 132/1; Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents  OJ L 16/44.
- 17. Mansouri, Fethi, Michael Leach and Amy Nethery, ‘Temporary Protection and the Refugee Convention in Australia, Denmark and Germany’ (2010) 26 Refuge 135, 138.
- 18. Immigration New Zealand, Claiming Refugee and Protection Status in New Zealand (June 2015).
- 19. Michael Woodhouse, ‘Mass Arrivals Bill Passes into Law’ (Press Release, 13 June 2013).
- 20. US Department of State, The Reception and Placement Program
- 21. See Senate Legal and Constitutional Affairs Committee, Questions Taken on Notice, Budget Estimates Hearing 21–22 May 2012, Immigration and Citizenship Portfolio. See also Sue Hoffman, ‘Temporary Protection Visas & SIEV X’, Sievx.com, 6 February 2006; Sue Hoffman, ‘The Myths of Temporary Protection Visas’, The Drum, 14 June 2011.
- 22. These tables are sourced from Senate Legal and Constitutional Affairs Committee, Questions Taken on Notice, Budget Estimates Hearing 21–22 May 2012, Immigration and Citizenship Portfolio