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Tuesday, 30 March 2004
Page: 22341


Senator SHERRY (9:24 PM) —I move opposition amendment (1) on sheet 4195:

(1) Page 11 (after line 12), at the end of the bill, add:

Schedule 9—Amendment of the Migration Regulations 1994

[1] Schedule 2, at the end of the clause 785.211

insert

; and (c) has not previously been granted a Protection (Class XA) visa.

[applicants restricted to one TPV]

[2] Schedule 2, clause 785.511

substitute

785.511 Temporary visa permitting the holder:

(a) to travel to and enter Australia on 1 occasion, as specified by the Minister; and

(b) to remain in Australia until;

(i) if the holder applies for a Protection (Class XA) visa after the temporary visa is granted and while the temporary visa is in effect—the end of a period of not more than 24 months; and

(ii) in any other case—the end of 24 months after the temporary visa is granted.

The amendment that I am moving on behalf of the Labor opposition goes to the issue of a new temporary protection visa regime. In January 2003, Labor announced a new temporary protection visa regime. There are currently 8,000 to 9,000 TPV holders in the Australian community. They came as unauthorised arrivals on this government's watch—on this Prime Minister's watch. He said they were refugees and said they could live in the Australian community, which they are now doing. Some of them have been in the Australian community for up to three or four years.

Senator McGauran should know what I am talking about. He represents The Nationals and I will come to the issue of concern in rural and regional Australia shortly. The Prime Minister has also allowed these families to live and work in the Australian community without any certainty about where their future will be. Labor's policy change to a one-off, two-year TPV will end the uncertainty. This amendment will introduce a single, one-off TPV period of two years for unauthorised arrivals subsequently determined to be refugees and in need of Australia's protection under the refugee convention. After the two years is concluded it will be up to the Australian government to show that Australia's temporary protection of the refugees concerned is no longer required. If on-going protection is still required a permanent protection visa will be offered to the refugees.

The government and the Prime Minister have refused to face up to a solution to the TPV problem. This will continue to be an issue that even Liberal-National party members raise on behalf of their own constituents in the electorates that they represent. The members for Riverina, Mallee, Barker and Kooyong have expressed publicly their support for a change in TPV policy. And I urge coalition senators—Senator McGauran, I urge you—to join their lower house colleagues by supporting this Labor amendment. It is a sensible, practical amendment and I am glad to see that there is at least an element of bipartisan approach through the views expressed by the members that I have referred to.