Temporary Protection Visa (TPV)
Statutory definition
The Temporary Protection Visa is prescribed in Schedule 2 to the Migration Regulations 1994 (Cth) as Subclass 785. It is a temporary visa granted where the applicant is found to be a person to whom Australia has protection obligations (a refugee or person to whom complementary protection applies) but who is an unauthorised maritime arrival and therefore barred from applying for the permanent Subclass 866 Protection Visa.
Explanation
The Temporary Protection Visa (TPV) was originally introduced in 1999 and re-introduced in December 2014 following legislative changes. It provides temporary protection (initially three years) to UMAs found to be refugees or persons to whom complementary protection applies.
Key features of the TPV:
- Duration: three years, subject to further review
- Work rights: granted
- Travel: the holder may leave Australia but cannot return on the TPV — if they depart, the visa ceases
- Family reunification: not available under the TPV
- Path to permanency: not available — on expiry, the holder must re-apply and have protection obligations reassessed
The Safe Haven Enterprise Visa (SHEV) is an alternative for TPV holders who live and work in regional areas.
How this term is used
The TPV framework was the subject of considerable litigation and policy debate. In 2023, the Australian Government announced plans to introduce a pathway to permanent residence for TPV/SHEV holders who had been in Australia for more than four years. Legislative changes implementing that pathway were enacted in 2023.