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In October 1999 the Australian government introduced
the Temporary Protection Visa (TPV) as part of
a reform of the Asylum system. The reforms are intended as a deterrent
to unauthorised arrivals and have divided protection for asylum
seekers into two categories, permanent and temporary.
1. Permanent Protection Visa (visa Subclass 866) :
Asylum seekers who arrive in Australia with a valid visa,
and are recognised as refugees, may be granted a Permanent Protection
Visa (PPV) which enables them to live permanently in Australia.
A refugee with a PPV is entitled to the full range of benefits
that are available to permanent residents in Australia, including
a range of specialist settlement services from Commonwealth Government
funded service providers. PPV holders are also entiltled to family
reunion rights that is they are eligible to sponsor family members
(see entitlements chart).
2. Temporary Protection Visa (visa subclass
785):
Temporary Protection Visas (TPV) are granted to people who are
recognized as refugees but who have traveled to Australia without
valid documentation. The visa is granted for a period of 36 months.
A refugee with a TPV has reduced access to government social services
and is not allow to leave Australia over the three years. TPV
status also denies the holder access to family reunion (see
entitlements chart).
In some circumstances applicants may apply for a permanent protection
visa after 30 months if they continue to need protection. However,
legislation introduced in September 2001, excludes anyone who
has spent more than seven days in a 'safe' country (as determined
by the Government; New Guinea and Nauru are considered 'safe'),
from applying for a permanent protection visa. This group of asylum
seekers may only apply to renew their TPV after three years in
Australia.
Bridging Visa
Another category of visa granted to asylum seekers is the Bridging
Visa. There are five classes of Bridging Visas (see
DIMIA) that may be granted to asylum seekers under the following
circumstances:
Asylum seekers who arrive with a valid visa and lodge a claim
for protection are granted a Bridging Visa, allowing them to remain
lawfully in the community until their applications are finalised.
Entitlements for holders of a Bridging Visa vary depending on
when the application for protection was lodged and individual
circumstances (see
entitlements chart).
Asylum seekers awaiting a decision on humanitarian grounds from
the Immigration Minister and asylum seekers given "early
release" from detention on psychological or medical grounds,
as well as those released by a Federal Court order. In most cases
this group of asylum seekers are denied all government support
and are dependent on charities for food, clothing, housing and
medical help.
There are a number of community groups assisting asylum seekers
and refugees in the community, a number of these organisations are
listed in The
Advocates' Help Kit published by The Refugee Council of
Australia.
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