Temporary protection visa

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A temporary protection visa (TPV) is a visa issued by the Australian government to persons who have been recognised as refugees fleeing persecution. TPVs were introduced on 20 October 1999 by the Howard government in response to what it claimed was misuse of the asylum process by unauthorised arrivals, and its implementation was modified in October 2001.

This type of visa is only issued to persons who apply for refugee status after making an unauthorised arrival in Australia, hence it is the main type of visa issued to a refugee released from an Australian immigration detention centre.

A TPV lasts for three years. At the end of this period, if the holder is found to be no longer in need of protection, they may be required to leave Australia. The burden of proof that the TPV holder is still in need of protection rests with the person themselves.

[edit] Criticism

The Refugee Council of Australia is opposed to TPVs "....as these new measures are contrary to our international obligations and will have a profound and lasting impact on the people concerned and the communities from which they came."

Human Rights Watch has made a number of criticisms of Australia's TPV program. For example:

Australia is the only country to require refugees who have already been recognized as genuine refugees, as a result of rigorous and demanding determination procedures, to re-prove their claim in light of new circumstances, several years later....... Nothing in the drafting or preparatory notes for Article 1A of the Refugee Convention suggests that States would determine status over and over again in each individual case.