Abolition of Temporary Protection visas (TPVs) and Temporary Humanitarian visas (THVs)
Amendment of Resolution of Status (ROS) visas for current TPV holders

9 August 2008 - Legislation Change

Client summary

From 9 August 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to provide that all people found to engage Australia’s protection obligations will be granted a Permanent Protection visa.

Also from 9 August 2008, the Regulations are amended to provide that holders and in some instances former holders of TPVs and THVs who are still in Australia will be eligible for a permanent Resolution of Status visa (Class CD, Subclass 851) without the need to reassess protection obligations (subject to meeting health, character and security criteria).

Affected legislation

The following provisions of the Regulations are amended:

Paragraph 1.20(2)(a)
Regulation 2.07AN
Regulation 2.07AQ
Paragraph 2.08A(2A)(a)
Subregulation 2.08A(3)
Regulation 2.08F
Paragraphs 2.12(1)(o), (p) and (q)
Item 1127AA of Schedule 1
Item 1217AA of Schedule 1
Subitem 1401(4) of Schedule 1
Subitem 1402(4) of Schedule 1
Item 1403 of Schedule 1
Subparagraph 202.211(2)(b)(ii) of Schedule 2
Part 851 of Schedule 2
Clause 866.111 of Schedule 2
Clause 866.231 of Schedule 2
Clause 866.232 of Schedule 2
Division 866.3 of Schedule 2
Clause 200.212 of Schedule 2
Clause 202.212 of Schedule 2
Clause 204.213 of Schedule 2
Part 447 of Schedule 2
Part 451 of Schedule 2
Part 695 of Schedule 2
Part 785 of Schedule 2
Clause 866.212 of Schedule 2
Clause 866.213 of Schedule 2
Clause 866.214 of Schedule 2
Clause 866.215 of Schedule 2
Clause 866.222A of Schedule 2
Clause 866.222B of Schedule 2
Clause 866.228 of Schedule 2
Clause 866.228A of Schedule 2
Clause 866.229 of Schedule 2

Additional information: Nil

Transitional provisions: The amendments apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 9 August 2008.  However, these amendments do not apply to an application for a Resolution of Status (Residence)(Class BL) or a Return Pending (Temporary)(Class VA) visa that was made, but not finally determined before 9 August 2008.

Forms: Form 866 will be amended (effective from October 2008) to reflect the abolition of TPVs.  A cover sheet providing advice in relation to completing the form from 9 August until the new forms are published will be provided.

Form 842 has been amended to reflect the removal of the THVs.  This form will be available electronically from 9 August 2008 with printed copies available in October 2008.

A new form, Form 1364, will be provided to allow TPV/THV holders to apply directly for a Resolution of Status (Class CD) visa.

Instructions: PAM 3 has been amended to reflect these changes with effect from 9 August 2008.