Thousands of refugees on temporary visas will be allowed to stay after Labor fulfils key election promise

The Albanese government has announced 19,000 people on temporary visas will be allowed to apply for permanent visas from Monday.

People in front of Parliament House in Canberra.

The Asylum Seeker Resource Centre said while the temporary protection visa reform was a victory, 12,000 people are still waiting for a pathway to permanency. Source: AP / Rod McGuirk

Key Points
  • Thousands of refugees living “in limbo” in Australia will be allowed to apply for permanent visas from Monday.
  • The change applies to around 19,000 people.
  • Immigration Minister Andrew Giles said it made “no sense” to keep people who worked and paid taxes “in limbo”.
Thousands of refugees living “in limbo” in Australia will be allowed to apply to stay permanently in the country, after the Labor government carried out one of its key election promises.

From Monday, around 19,000 people on a temporary protection visa (TPVs) or safe haven enterprise visas (SHEVs) will be allowed to apply for permanent visas. The federal government made the long-anticipated announcement on Sunday night.

Immigration Minister Andrew Giles said it made “no sense” to keep people who worked and paid taxes “in limbo”.
“TPV and SHEV holders work, pay taxes, start businesses, employ Australians and build lives in our communities — often in rural and regional areas,” he said in a statement.

“Without permanent visas however, they’ve been unable to get a loan to buy a house, build their businesses or pursue further education.

“It makes no sense — economically or socially — to keep them in limbo.”
The change only applies to those refugees who arrived in Australia before the start of the border protection operation Operation Sovereign Borders in late 2013, or who hold or applied for a TPV or SHEV before 14 February, 2023.

People granted a permanent visa will now be allowed to apply for social security payments, access the NDIS and higher education assistance. They’ll also be allowed to become Australian citizens and also sponsor family members to come to Australia.

Around 2,500 people who’ve had their temporary visas cancelled or refused won’t be allowed to apply; they’ll be asked to “depart Australia voluntarily”, the government said.
Cyber Security Minister Clare O'Neil
Home Affairs Minister Clare O'Neil said the Albanese government remained committed to Operation Sovereign Borders Source: AAP / Mick Tsikas
Home Affairs Minister Clare O’Neil said the government remained committed to Operation Sovereign Borders, and anyone who arrived by boat would continue to be turned back.

“Let me be crystal clear — if you try to enter Australia without a valid visa you will be turned back or returned to your port of origin. There is zero-chance of settling in Australia under Operation Sovereign Borders,” she said in a statement.

The latest announcement comes after Labor cleared the way for refugees on permanent visas who came to Australia by boat to bring family members to Australia.

In a statement, the Refugee Action Coalition (RAC) welcomed the announcement, but said "much more" needs to be done, and called on the government to address "contradictions" in the policy.

"It makes no sense for Labor to leave the thousands of others – asylum seekers rejected by fast track, and the refugees from Nauru in and PNG, in limbo, but they have," spokesperson Ian Rintoul said.
"Labor’s piecemeal approach will only add to the distress of some refugees on TPVs. While they get a permanent visa, their partners and other family members who are ‘transitory persons’ from offshore, are being told they will get permanent residency."

Amnesty International Australia campaigner Zaki Haidari said while the organisation was "relieved" by the reform, it was disappointing to see other refugees "left out" of the decision.

"As a human rights organisation, Amnesty is relieved to see the happiness this brings after so many years for the more than 19,000 refugees for whom this announcement applies," Mr Haidari said.

"At the same time, it pains us to see other refugees, in the so-called transitory caseload, left out of this decision and denied permanent visas."

The Asylum Seeker Resource Centre said while the reform was a victory, 12, 000 people are still waiting for a pathway to permanency.

"The significance of this announcement cannot be underestimated. We have tears of joy for all those who have been waiting for 10 years to have the permanency they deserve," resource centre advocacy director Jana Favero said.

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4 min read
Published 12 February 2023 10:32pm
Updated 13 February 2023 8:28am
By Rashida Yosufzai
Source: SBS News



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