The Times Australia
The Times World News

.

Changes to temporary protection visas are a welcome development – and they won't encourage people smugglers

  • Written by Daniel Ghezelbash, Associate Professor and Deputy Director, Kaldor Centre for International Refugee Law, UNSW Law & Justice, UNSW Sydney, UNSW Sydney

Refugees in Australia on temporary protection visas (TPVs) and Safe Haven Enterprise Visas (SHEVs) now have a pathway to permanent protection, the federal government has confirmed today[1].

The long-awaited changes[2] will bring much-needed certainty to around 20,000 people who arrived in Australia before January 1 2014, and who were found to be refugees or at risk of serious human rights violations.

These people have endured years in limbo under a policy that research[3] has shown to be unfair, expensive, impractical, and inconsistent with our international obligations.

Temporary protection not only inflicts significant mental harm on asylum seekers, but also created a costly bureaucratic burden for the government. It’s also out of step with the practice of other countries, where temporary protection is reserved for exceptional circumstances.

The changes are a welcome development for people who have lived with uncertainty for a decade, providing them with an opportunity to rebuild their lives with a sense of security. The decision is also highly unlikely to encourage asylum seekers to try to reach Australia by boat.

Yet, the fate of thousands of other refugees and asylum seekers in limbo in Australia remains uncertain.

How did we get here?

The Coalition announced in 2013 that the temporary protection regime would be reintroduced[4] as part of Operation Sovereign Borders.

It was deployed alongside boat pushbacks at sea[5] and offshore processing, with the goal of deterring asylum seekers from travelling by boat to Australia.

The temporary nature of such visas meant refugees had to have their protection claims reassessed every few years. This left refugees in a state of constant fear and anxiety, unsure if they would be allowed to remain in the country or be forced to leave.

Read more: The trauma of life in limbo for refugees and asylum seekers in immigration detention – podcast[6]

Those on SHEVs who met certain requirements relating to work and study in regional areas were – at least on paper – potentially eligible for other visas. But in practice, those requirements were beyond reach, with only one person ever qualifying[7].

The changes announced overnight mark a welcome development. But they don’t resolve the precarious fate of all those in the so-called “legacy caseload”. There’s more to do to bring fairness to thousands of other refugees and asylum seekers who remain tangled in Australia’s complex “fast-track” process.

Permanent protection

While the changes fall short of formally abolishing TPV and SHEV visas, people who currently hold such visas will now be able to apply for a “Resolution of Status Visa”. This will allow them to remain permanently in Australia, subject to character, health and security checks.

Permanent residency will provide access to a wide range of rights and benefits that have been out of reach. This includes a pathway to citizenship, access to social security and other benefits, the ability to travel abroad, and access to government subsidised higher education[8].

After a decade of being separated from their families, such visa holders will now be able to sponsor family members to join them in Australia.

The changes implement a promise the Albanese government took to the 2022 election, widely backed by the Australian public. Polling[9] by the Kaldor Centre for International Refugee Law, the Behavioural Insights Team, and Macquarie University showed three out of four Australian voters supported this pathway to permanency.

The Albanese government’s announcement of A$9.4 million of funding[10] for specialist legal service providers is also welcome. This will allow TPV and SHEV holders to access free legal assistance as they go through the visa application process.

Who misses out?

Regrettably, the changes fall short of an across-the-board solution[11] for all 31,000 people subject to the TPV and SHEV regime, called for by refugees, refugee-led organisations and other experts.

This means the approximately 12,000 people who hadn’t yet been issued a TPV or SHEV will continue to live in limbo.

This includes around 6,000 people who had their initial visa application refused, and who are seeking merits or judicial review of that decision. That process is set to continue, and the good news is that those who succeed at review and are granted a TPV or SHEV will now automatically be able to apply for a permanent visa.

However, a further 2,500 people who had their TPV or SHEV cancelled or refused are left out and expected to leave Australia. Anyone with a new credible claim may be able to request ministerial intervention. But this is a highly discretionary process and remains to be seen how willing the minister may be to exercise this power.

It’s concerning these people are left without a better process, given the well-documented[12] flaws in the so called “fast-track” process that was used to assess these claims. This means there’s a real risk that many people who had their initial claims refused may in fact have valid protection claims.

The changes also don’t apply to anyone who tried to reach Australia by boat after January 1 2014, including the more than 1,000 people[13] transferred from offshore processing facilities to Australia for medical treatment.

The government’s position remains that these people will never be allowed to settle in Australia, and should pursue resettlement options abroad, including through Australia’s arrangements with New Zealand[14].

Read more: Aus-NZ refugee deal is a bandage on a failed policy. It's time to end offshore processing[15]

It won’t encourage people smugglers

The changes also don’t affect asylum seekers who may attempt to reach Australia by boat in the future. Boat pushbacks at sea and offshore processing arrangements with Nauru remain in place, as does the bar on such arrivals applying for protection visas in Australia.

What this means is that TPVs and SHEVs remain on the books for future arrivals and would be available if the minister were to decide to lift that bar in any given case.

This makes claims[16] that the changes could encourage asylum seekers to travel to Australia by boat completely baseless.

Prime Minister Anthony Albanese has expressed a commitment[17] to being strong on borders without being weak on humanity. Today’s announcement is a welcome first step in that direction, but there’s still a great deal left to be done to return a sense of humanity to Australia’s refugee policies.

Refugees affected by the changes can access information about legal assistance here[18] and here[19].

References

  1. ^ federal government has confirmed today (twitter.com)
  2. ^ changes (theconversation.com)
  3. ^ research (www.kaldorcentre.unsw.edu.au)
  4. ^ reintroduced (parlinfo.aph.gov.au)
  5. ^ boat pushbacks at sea (www.kaldorcentre.unsw.edu.au)
  6. ^ The trauma of life in limbo for refugees and asylum seekers in immigration detention – podcast (theconversation.com)
  7. ^ only one person ever qualifying (theconversation.com)
  8. ^ government subsidised higher education (theconversation.com)
  9. ^ Polling (www.kaldorcentre.unsw.edu.au)
  10. ^ A$9.4 million of funding (minister.homeaffairs.gov.au)
  11. ^ across-the-board solution (www.kaldorcentre.unsw.edu.au)
  12. ^ well-documented (www.kaldorcentre.unsw.edu.au)
  13. ^ more than 1,000 people (www.kaldorcentre.unsw.edu.au)
  14. ^ arrangements with New Zealand (minister.homeaffairs.gov.au)
  15. ^ Aus-NZ refugee deal is a bandage on a failed policy. It's time to end offshore processing (theconversation.com)
  16. ^ claims (www.skynews.com.au)
  17. ^ commitment (twitter.com)
  18. ^ here (www.refugeecouncil.org.au)
  19. ^ here (www.racs.org.au)

Read more https://theconversation.com/changes-to-temporary-protection-visas-are-a-welcome-development-and-they-wont-encourage-people-smugglers-199763

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

Exploring the Curriculum at a Modern Junior School in Melbourne

Key Highlights The curriculum at junior schools emphasises whole-person development, catering to children’s physical, emotional, and intellectual needs. It ensures early year...

Distressed by all the bad news? Here’s how to stay informed but still look after yourself

If you’re feeling like the news is particularly bad at the moment, you’re not alone. But many of us can’t look away – and don’t want to. Engaging with news can help us make ...

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...