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Legal
6 February 2014PublicationCasenote: Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53
The High Court found that the Department of Immigration acted on the basis of an error of law when it refused to refer the plaintiff’s case to the Minister for Immigration for consideration of whether to allow her to make a protection visa application. -
Asylum Seekers and Refugees
2 February 2014PublicationNational Inquiry into ºÚÁÏÇ鱨վ in Immigration Detention 2014: Discussion Paper
Why are we holding this inquiry? The purpose of this inquiry is to investigate the ways in which life in immigration detention affects the health, well-being and development of children. The inquiry will assess the impact on children by seeking the views of people who were previously detained as children in closed immigration detention and by assessing the current circumstances and responses… -
Asylum Seekers and Refugees
30 January 2014Webpage
National Inquiry into ºÚÁÏÇ鱨վ in Immigration Detention 2014
Learn about the 2014 inquiry into children in immigration detention. -
23 January 2014Book page
1. What are Temporary Protection Visas?
Temporary Protection Visas (TPVs) are a type of visa available to people who arrive in Australia without a visa and are found to be owed protection obligations. [1]As its name suggests, a TPV only permits the holder to remain in Australia temporarily (this can be contrasted with a Permanent Protection Visa (PPV), which grants the holder permanent resident status). TPVs can last for up to… -
23 January 2014Book page
2. Which people have been granted TPVs?
TPVs were (re)introduced by the Australian Government on 18 October 2013 through a regulation. [3] However, on 2 December 2013 the TPV regulation was disallowed by the Senate, with the consequence that no more TPVs can be granted. While the regulation was in force, between 18 October and 2 December 2013 at least three TPVs were granted to asylum seekers who arrived in Australia without a… -
23 January 2014Book page
3. What is the difference between a TPV and a bridging visa?
Like TPVs, bridging visas are temporary visas. They allow people (including asylum seekers) to legally reside in the Australian community while they are applying for a longer term visa, appealing a decision relating to their visa, or making arrangements to leave Australia. The key difference is that bridging visas are granted to asylum seekers before any decision is made about whether they… -
23 January 2014Book page
4. What are the Commission’s concerns about TPVs?
The Commission raised serious concerns about TPVs when they were used in Australia (with similar conditions attached) from 1999 to 2008. [6] Based on the negative impacts of TPVs on refugees when they were last used, the Commission is concerned that the reintroduction of TPVs may lead to breaches of Australia’s international human rights obligations, for the following reasons. Mental health… -
23 January 2014Book page
5. What does the Commission recommend?
The Commission recommends that all asylum seekers who are found to be owed protection obligations should be granted a PPV, with the associated entitlements to sponsor family members to come to Australia, and to travel outside of Australia. -
Rights and Freedoms
23 January 2014Book page6. Useful links
A Last Resort? National Inquiry into ºÚÁÏÇ鱨վ in Immigration Detention (April 2004), Chapter 16 The end of temporary protection visas for refugees is a step forward for human rights (Commission media release, 14 May 2008) TPVs part of an inhumane system (Commission news story, 3 December 2013)