Are You Aware of the Temporary Protection Visa in Australia?
If you're not familiar with the Temporary Protection Visa (TPV) in Australia, you've come to the right place. TPVs are temporary visas that are available to asylum seekers in Australia.
However, it's important to note that individuals holding this visa do not have access to certain services, rights, permanent residency, or citizenship rights granted to those with an Australian permanent protection visa.
Temporary Protection Visas
Temporary protection visas were initially introduced in 1999 but were subsequently removed in 2008. However, they were reinstated in 2013 as a result of an election promise made by the Australian government.
Despite this brief overview, there is much more to learn and understand about the Temporary Protection Visa Subclass 785. So, without further ado, let's delve into the fundamentals of this visa.
Criteria for Acquiring a Temporary Protection Visa
To apply for a Temporary Protection Visa, certain criteria must be met. Let's take a closer look at these requirements:
1. Risk of Losing Life
Applicants must be at risk of losing their lives in their native country. This criterion is crucial for individuals seeking asylum in Australia due to life-threatening circumstances.
2. Potential Threat of Death Penalty
There must be a potential threat of facing the death penalty in the applicant's home country. This requirement is significant as it pertains to individuals seeking refuge from countries where the death penalty is imposed.
3. Risk of Torture by a Third Party
Applicants must face a potential risk of torture at the hands of a third party. This criterion aims to protect individuals who might be subjected to severe physical or mental abuse.
4. Risk of Inhumane Treatment or Punishment
In their home country, applicants must be at risk of inhumane treatment or punishment. This condition ensures that individuals facing cruel or degrading treatment have an opportunity to seek asylum in Australia.
Requirements for a Temporary Protection Visa
To apply for a Temporary Protection Visa, specific requirements must be met. These include:
- Submission of Critical Documents: Applicants must include a copy of their passport along with any other necessary documents such as a national ID card, birth certificate, driver's license, and other identification papers.
- Completion of Subclass 785 Application Form: Applicants need to fill out the protection visa subclass 785 application form, providing detailed information about their need for protection. It is crucial to answer all questions on the form diligently and accurately.
- Previous Visa or Residence Permit: If the applicant has previously held a visa or residence permit, they are required to provide a certified copy of that visa or permit.
- Proof of Relationship: Applicants must also provide evidence of a relationship, which may include joint ownership, lease agreements, or joint custody if they have a child to care for.
- Health Requirements and Australian Values Statement: Applicants are expected to meet health requirements and have signed an Australian Values statement.
Eligibility Requirements for a Temporary Protection Visa
To be eligible for a Temporary Protection Visa subclass 785, applicants must abide by the following requirements:
- Illegal Entrant in Australia: Applicants must have entered Australia as illegal entrants, without proper authorization.
- Non-Clearance by the Australian Immigration Department: Individuals must not have been cleared by the Australian Immigration Department at the time of their arrival in Australia.
- Transitory Status: Applicants must be considered transitory persons, indicating that they do not have long-term permission to reside in Australia.
- No Cancellation or Refusal of Previous Protection Visa: The applicant's previous protection visa must not have been canceled or refused since their last entry into Australia.
- Single Citizenship: Applicants must not hold more than one citizenship