Wednesday 14th July 2004
Human Rights Commission urges Immigration Department to Fastrack Processing of TPV holders in assessing eligibility for mainstream migration visas
The Human Rights and Equal Opportunity Commission has welcomed the announcement by Immigration Minister Amanda Vanstone that the Government will allow 9,500 temporary protection visa holders (TPVs) the opportunity to apply for mainstream migration visas. This will enable them to apply to remain permanently in Australia, without needing to leave the country to lodge their applications.
However this announcement does nothing to remedy the deficiencies in the TPV system for these people who have already been found to be genuine refugees. The Commission is concerned that in practice very few people will qualify for the migration visas.
Human Rights Commissioner Dr Sev Ozdowski said that A last resort?, the report of HREOC into children in immigration detention, identified two key problems with the TPV regime.
“The first is that the temporary status of their residence creates a deep uncertainty and anxiety about their future,” he said. “This can exacerbate existing mental health problems from their time in detention and their past history of persecution. It also affects their capacity to fully participate in the educational opportunities offered in Australia”.
“Secondly the absence of the right to family reunion for the duration of the visa, combined with the effective ban on overseas travel, means that some children may be separated from their parents or family for a long, potentially indefinite, period of time. Again this can undermine a child's mental health and well being”.
“It is imperative that the Immigration Department move swiftly to amend the Regulations to effect this policy shift, advise TPV holders of their right to apply for a mainstream migration visa and most importantly fast track the approval process.
"Given that the Department has already found these people to be genuine refugees and assessed their identity, health and security status in granting them TPVs, the further assessments required to see if they meet the migration visa criteria should be streamlined. I will be closely monitoring the Department's performance in this regard to see how quickly they respond to the Government's policy shift".
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