Introduction of Temporary Protection Visas for Refugee Applicants

Publish Date: Nov 26, 2013

How the law has changed?

On 18 October 2013 the Federal Government changed Australia’s migration laws by reintroducing temporary protection visas. 

The changes mean certain groups of people will no longer qualify for permanent protection visas, instead they will only be able to obtain three-year temporary protection visas.

Which groups are affected by these changes?

Under the changes, anyone who:

  • has applied for a protection visa or who lodges an application for a protection visa; and
  • arrived in Australia without a valid visa or passport, or were not given permission to enter Australia when they got here

will receive a temporary protection visa rather than a permanent residence visa.

Which groups not affected by the changes?

The changes do not apply to people who entered Australia lawfully and were given permission to enter Australia when they arrived. 

What happens if I am granted a temporary protection visa

A temporary protection visa allows people to stay in Australia for three years or less.  After three years their claims for protection may be re-assessed as to whether they may be granted a further temporary protection visa.

Unless you have a permanent residence visa you cannot sponsor your family members to come to Australia.  The changes appear to make it impossible for people who are granted temporary protection visas to be granted permanent residence in Australia at a later date. 

Temporary protection visa holders will be able to work and study and will have access to Medicare but will not be able to sponsor family members and will not be permitted to return if they leave Australia.

Get an experienced lawyer on your side to make sure you get the best outcome

These changes are complicated and an Australian immigration lawyer can assist you in explaining how the changes may affect you if you are considering applying for protection to remain in Australia.

Craddock Murray Neumann has assisted over 8000 applicants in applying for protection in Australia and we have an extensive skill base and information resources to assist such clients.   We have been doing this work for more than 20 years and were helping refugees the last time Australia had temporary protection visas. 

We will fight hard to make sure that if there is any chance you can get a permanent visa, you get it.

We offer a fixed fee of $2970 (plus expenses) for the preparation of a protection visa application. We are also able to represent you at your Departmental Interview or assist with a review application to the Refugee Review Tribunal.

If you are seeking an Australian immigration lawyer please phone Craddock Murray Neuman Lawyers on +61 2 8268 4000. 

Let us help you. Phone: +61 2 8268 4000 or Book a conference