Temporary Protection Visas are the wrong approach

The Australian Human Rights Commission is pleased to see that the motion to disallow the Migration Amendment (Temporary Protection Visas) Regulation 2013 was successful today. The Commission is of the view that refugees should be granted permanent protection visas,
‘Considering the negative impacts that Temporary Protection Visas had on refugees when they were used in Australia between 1999 and 2008, we have long been concerned that their reintroduction may lead to breaches of Australia’s international human rights obligations,’ Commission President, Professor Gillian Triggs said.
‘Specifically, we are concerned that the use of TPVs may breach Australia’s obligation not to discriminate against asylum seekers who arrive without a visa, as well as the obligation not to penalise asylum seekers on account of their unauthorised arrival when they are coming directly from a territory where their life or freedom was threatened.’
Professor Triggs said several studies have found that the uncertainty, insecurity and fears of repatriation associated with being granted only temporary protection through use of these visas can contribute to ongoing mental health problems for refugees.
As TPVs denied refugees the ability to sponsor family members to join them in Australia or to travel outside of Australia, they caused a great deal of suffering because people were separated from their family members for an indefinite period of time.
Professor Triggs said that last time TPVs were used, the restrictions on family reunion and overseas travel may have directly contributed to the increase in the number of family members, particularly women and children, risking their lives by making the boat journey to Australia. Additionally, the uncertainty and family separation in many cases compounded previous trauma suffered by people in their country of origin.
‘The bottom line is that we should be establishing humane or effective ways to integrate people who are in need of protection into the Australian community,’ Professor Triggs said. ‘Temporary Protection Visas in no way assist this purpose.’

Tony Abbott vows to circumvent Senate rejection of TPVs
Prime minister describes combined Labor-Greens veto as a ‘two finger salute to the voters of Australia'
Lenore Taylor and Daniel Hurst theguardian.com December 3, 2013

Sarah Hanson-Young moved the disallowance motion in the Senate on Monday night against the TPV regulations, saying TPVs led to 'dramatic, harmful and dangerous effects'. Photograph: Lukas Coch for Guardian Australia/AAP
Tony Abbott has vowed to circumvent the Senate’s rejection of the government’s proposed temporary protection visas, but has not yet said how he will do it.
Labor and the Greens combined in the Senate to veto the reintroduction of Howard-era temporary protection visas on Monday night, a move the prime minister described as a ‘two finger salute’ to the Australian people’s decision in the September election.
Abbott is vowing to keep the parliament sitting through Christmas until it passes the carbon tax and mining tax repeals, the increase to the debt ceiling and an as-yet-unspecified measure to enact the intent of the temporary protection visa law.
The government has also unveiled legislation to remove from the Department of Immigration and confer instead on the immigration minister, Scott Morrison, the power to make a determination in the case of people whose claim for asylum had been rejected but who would be in danger if returned to their home country.
In a press conference shortly before question time, Abbott said he would make an announcement ‘shortly’ about how the government would prevent the 33,000 asylum seekers already in Australia from ever achieving permanent residency…..
Greens senator Sarah Hanson-Young moved the disallowance motion in the Senate on Monday night, saying TPVs led to ‘dramatic, harmful and dangerous effects’.
‘We have had temporary protection visas before in this country and they were incredibly cruel, incredibly dangerous and created incredible suffering for the people they were imposed upon,’ Hanson-Young said.
‘Temporary protection visas under this government are for punishment's sake only. They are only being given to people who have already arrived in Australia. They have waited for years in immigration detention and then waited more years, perhaps on a bridging visa or in community detention, only to finally have their application for asylum assessed, be found to be genuine refugees and then be slapped with a temporary protection visa.’…..
Read more http://www.theguardian.com/world/2013/dec/03/tony-abbott-vows-to-circumvent-senate-rejection-of-tpvs