The Albanese government will, in early 2023, allow 19,000 refugees to stay permanently in Australia, granting them rights to social security and reunion with family members.
The decision affects people who hold temporary protection visas (TPVs) and safe haven enterprise visas (SHEVs) who arrived to Australia by boat before 2014, having since spent at least a decade in limbo.
Despite Labor’s plan to abolish TPVs, advocates including the Refugee Council of Australia and independent MP, Kylea Tink, have expressed concern no decision has been made about a further 12,000 people in the “legacy caseload” who remain on bridging visas.
These include many asylum seekers found not to be owed protection through the “fast-track” assessment process Labor criticised in opposition.
The Rudd government abolished temporary protection visas in 2008 but they were reintroduced by the Coalition in 2014 as one plank of operation sovereign borders, designed to deter asylum seekers arriving by boat.
In opposition, Labor resolved to retain boat turnbacks and offshore detention, but promised to scrap TPVs on the basis deterrence was not relevant to people who arrived before the deadline when Australia decided to prevent all asylum seekers who arrived by boat from settling permanently.
The immigration minister, Andrew Giles, reassured crossbench MPs in late November that progress had been made on abolishing TPVs in both a private briefing and answers in question time.
Guardian Australia understands the government has signed off on a plan for TPV and SHEV holders to apply for permanency in the new year.
Permanent residency will allow them to travel out of Australia and apply for visas for relatives overseas.
Refugee advocates had argued for across-the-board solutions, such as deeming provisions to automatically convert TPV-holders to permanency, but this was rejected as unfeasible.
The chief executive of the Refugee Council, Paul Power, said it had advocated for the government to move quickly in giving permanent status to TPV and SHEV holders, and it was disappointing there had been no announcement yet.
“The sooner the government acts the better,” he said.
“People are desperate for answers. It’s basically two-thirds of the [31,000 legacy caseload] that do have refugee status.
“So many have immediate family they’ve been separated from for nine to 13 years.”
Tink said “when it happens it will be fantastic” but labelled it “frustrating” that the government is yet to confirm the timeline and process for permanency for those who have already had to wait over a decade.
“Teasing them with hope is punishing, it’s close enough that people can almost touch it – but can’t embrace it,” Tink said.
The home affairs minister, Clare O’Neil, said “we said we would do this and we will – deliberately and carefully.
“Every single person who has attempted to enter Australia by boat has been returned by this government,” she said.
Tink said that there is “still a significant number” – an estimated 12,000 people – who will be “living as ghosts in our society” until a decision is made about whether to allow them to re-apply for asylum.
“They are not able to work, enrol in universities.”
Options for that group include lifting the bar to allow fresh refugee applications with a priority for those from countries with changes in circumstances such as Afghanistan and Myanmar.
Resolution for that group is more difficult because it includes asylum seekers who have failed the character test.
Power said the government had been clear it is “not interested” in an across the board “amnesty” for that group.
“But they need an opportunity to review their refugee status because the government has recognised that the fast-track assessment of their status was inherently unfair.”
