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TPVs were introduced into the Migration Regulations in October 1999. Broadly speaking, TPVs are granted to persons who enter Australia (other than at 'excised places' such as Christmas Island or Ashmore Reef) unlawfully, and who are found to be owed 'protection obligations' by Australia. Australia owes protection obligations to a person if he or she is found to be a 'refugee' as defined by the 1953 Convention on the Status of Refugees. A person who is successful in seeking protection onshore may be granted a subclass 785 TPV.
They are as follows:
Holders of these visas have exactly the same entitlement to benefits as TPV holders.
A RPV is available only to holders of visa subclasses 447, 451 and 785 who are found no longer to be owed protection and are expected to leave Australia. The RPV provides such people with lawful status to remain in Australia for 18 months with continued access to SpB.
Holders of TPVs, other humanitarian temporary visas and RPVs are temporary residents of Australia and are therefore not Australian residents within the meaning of SSAct section 7(2). However, the Minister may sign determinations under SSAct sections 729(2)(f)(v) and 739A(6) whereby holders of TPVs, other humanitarian temporary visas and RPVs, even though they are not permanent residents, may qualify for SpB and be exempt from the SpB NARWP, immediately on the grant of their respective visas. They may also qualify for family assistance and related payments but do not qualify for any other social security payments.
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Last reviewed: 7 June 2010
