Over the past decade, people have essentially lived in indefinite limbo, not knowing what their status will be in three years, in five years, and really being unable to build their lives here in certainty.
By Floyd Alexander Hunt -
Refugees who arrived in Australia prior to the commencement of Operation Sovereign Borders, a military-led border protection response that begun in 2013, can now transition to a permanent Resolution of Status (RoS) visa.
Sarah Dale, Centre Director and Principal Solicitor at Refugee Advice and Casework Service (RACS) said that her phone had not stopped ringing since the announcement was made at 10.30pm on Sunday 12 February.
“Many in the community don’t believe that it’s real,” said Dale.
“Many are just so overwhelmed with joy and relief to finally be able to have a permanent home in Australia, and also now start to look for that safety for their family members,” she said.
The policy change means that people holding Temporary Protection Visas (TPV), or Safe Haven Enterprise Visas (SHEV) can transition to an RoS visa granting them the same rights and benefits as permanent residents. It is expected this will impact roughly 19,000 refugees.
Dale explained that the TPV and SHEV are essentially the same visa, the main difference is length. SHEV is a five year visa while TPV is a three year visa. To apply for a SHEV, applicants also needed to demonstrate an intention to consider living in a regional area.
“Over the past decade, people have essentially lived in indefinite limbo, not knowing what their status will be in three years, in five years, and really being unable to build their lives here in certainty,” said Dale.
Sarah Dale, Centre Director and Principal Solicitor at Refugee Advice and Casework Service
“The real difficulty in temporary visas in particular, is that you cannot sponsor your family, so for ten years people have been separated from their children and partners and have been unable to make applications to bring them to Australia,” said Dale.
“Being granted a permanent visa means that you can now apply for your family to join you here and have certainty that you can remain in Australia, you no longer need to prove yourself every three or five years, and people can really start rebuilding their lives.”
Those granted an RoS visa will be eligible for immediate social security payments and have access to the National Disability Insurance Scheme (NDIS) and higher education loans. They can also apply for citizenship once they meet the requirements.
The news has been celebrated by lawyers in the profession including immigration lawyer Farid Varess who said, “Tomorrow will be a very happy Valentine’s Day for many thousands of refugees and asylum seekers in Australia who are now eligible to become permanent residents of Australia”.
In his announcement, Immigration Minister Andrew Giles said the change was long overdue as thousands of refugees had been stuck in limbo for a decade.
“TPV and SHEV holders work, pay taxes, start businesses, employ Australians and build lives in our communities – often in rural and regional areas,” said Giles.
“Without permanent visas, however, they’ve been unable to get a loan to buy a house, build their businesses or pursue further education.
“It makes no sense – economically or socially – to keep them in limbo.”
Dale also highlighted that the announcement does not include everyone. “Unfortunately people that were transferred to Papua New Guinea or Nauru are not included,” she said.
“They will continue under Australian law to find resettlement options only in the US, New Zealand or through private sponsorship, such as Canada,” said Dale.
Home Affairs Minister Claire O’Neil emphasised the Federal Government’s commitment to Operation Sovereign Borders and warned people against attempting to enter Australia by boat.
“Let me be crystal clear – if you try to enter Australia without a valid visa, you will be turned back or returned to your port of origin,” said O’Neil.
“There is zero-chance of settling in Australia under Operation Sovereign Borders.
“The Australian Defence Force and Australian Border Force are patrolling our waters to intercept and return any boats that try to enter.”
President of the Law Council of Australia, Luke Murphy, welcomed the announcement. He said in a media statement on 14 February that “the Law Council of Australia has long advocated for the replacement of temporary protection visas with durable, permanent protections, consistent with Australia’s international protection obligations.”
“A permanent visa, and the availability of family reunion, will provide for improved settlement outcomes for affected refugees and a pathway to Australian citizenship,” he said.
