B04/1995 SERVICE PENSION REMOVAL OF TEN (10) YEAR RESIDENCY RULE FOR REFUGEES.

DATE OF ISSUE:  12 JANUARY 1995

SERVICE PENSION REMOVAL OF TEN (10) YEAR RESIDENCY RULE FOR REFUGEES.

PURPOSE

The purpose of this Departmental Instruction is to advise of the amendments to the Veterans' Entitlements Act 1986 (VEA) relating to the removal of the 10 year residency requirement for refugees claiming a service pension.  This initiative took effect from 1 January 1995.

BACKGROUND

2.The VEA currently requires that, to be eligible for a service pension, a Commonwealth, allied Veteran or allied Mariner must have been an Australian resident for a period aggregating at least 10 years before qualifying for service pension.

OBJECTIVE

3.The objective of this legislative change is to ease the residency requirement for refugees, who unlike other migrants, usually left their home country through unofficial means to escape persecution.

4.This change does not alter the need for a Veteran to have rendered qualifying service nor does it remove the requirement for the applicant to be a permanent resident of Australia.

Legislative Amendment

5.Section 5C of the VEA has been amended to include the definition of a "refugee and a former refugee".

• Refugees are defined by reference to the permanent entry permits and visas that were issued to them as they entered Australia or when they were granted permanent residence.

• Former refugees are separately identified because since arriving in Australia, they may have been granted Australian Citizenship or have been issued with a resident return entry permit or visa.

Details of Visa/Entry Permit Documentation

6.Refugees are defined by reference to the permanent entry permits and visas that were issued by the Department of Immigration as they entered Australia or were granted permanent residence.

7.Care should be taken, as some of these entry permits or visas may have lapsed because the holder left then returned to Australia (and has been issued with a resident return entry permit or visa), or because Australian citizenship was obtained.  Such persons will be eligible to claim service pension even though they do not have 10 years residence provided they meet the definition of a former refugee.

8.Refugee visas and entry permits were granted in Australia before 1 September 1994 to people who sought refugee status after entering Australia as a temporary entrant of some kind.

9.Refugee Visas Granted onshore

• The term on shore means that the visa was issued in Australia.

• Off shore means that the visa was issued overseas.

It is important to note that the range of visa categories is extensive.  See Attachment A.

10.Onshore refugee visas generally fall into the visa class/subclass 800 series.  Examples of the more common types are shown below.

810Refugee (permanent) Entry Permit

These were granted to refugees onshore before 12 July 1990

817 Protection Permanent Entry Permit

Granted to refugees onshore from 1993 to 1 September 1994.

866Protection (Residence) Visa

Granted to refugees onshore after 1 September 1994.

784Domestic Protection (Temporary) Visa and entry permit.

              In 1990, the Australian Government decided to give temporary rather than

              permanent residence to people granted refugee status in Australia (this

              decision

              was reversed in 1993).  A four-year temporary visa and entry permit

              resulted.

11.              On 1/9/94 the Migration Reform Act (MRA) was implemented.  The visa classes and subclasses that relate to Refugees after 1/9/94 are numbered 200 - 214

12.New classes of refugee/humanitarian visa were introduced progressively under the Special Assistance Category (SAC) program.

13.Visa classes 208 - 214 were country-specific and could be evidenced on a Document For Travel To Australia (DFTTA) or on a national passport where Australia recognised the issuing authority.

Operational Procedures:

14.An applicant who claims to be a refugee who entered Australia between 1985 and 1987 but does not appear to have adequate documentation will need to provide DVA with supporting evidence from the Department of Immigration and Ethnic Affairs (DIEA).  If the claimant does not have adequate documentation, the Department of Veterans' Affairs will need to contact DIEA on their behalf requesting DIEA provide the veteran with appropriate documentation.

15.A standard form is currently being developed by DVA, DSS and DIEA for obtaining such information.  Once finalised the clearance form will be issued to Managers, Income Support for distribution.

Privacy

16.Some former refugee applicants may be concerned regarding the dissemination of any of their personal information.  Staff should explain the provisions of the Privacy Act to allay these fears.

If you have any further matters to discuss in relation to these guidelines or with any other aspect of the implementation of this initiative, please telephone Bill Harper on (03) 284 6306 or Assistant Director, Nigel Parmenter, on (03) 284 6361.

MAURIE GALT

A/G ASSISTANT SECRETARY

INCOME SUPPORT

6 January 1995

ATTACHMENT A

How to read a visa label

• Visas are now usually printed in red ink.  However, prior to 1/9/94 they were multi coloured (green/white).

• Visa labels are generally divided into four sections:

Inwards Tab, Outwards Tab, Main Body and Machine Readable Zone (MRZ) as shown below.

                                    Inwards Outwards

Main body.

Machine‑Readable Zone

Inwards tab

Contains the visa evidence number followed by the number of

persons visaed, the class code of the visa and the subclass number.

Outwards tab

Contains the visa number only

Main body

Contains (left to right):

     title (pre‑set)

     class code followed by category title and

     statistical code

     subclass number

     office where visa was evidenced

     person sequential number (see note below) followed

     by surname, first given name and the initial of any

     second given name of visa holder(s)

     attaching conditions

     text specifying date of visa grant, visa period for

     travel, single/multiple travel and visa period or 'date

     until' for stay

NOTE: up to five persons may be included on the one label. Where fewer than five persons are visaed, a line appears under last person listed (to obviate unauthorised additions).

Machine Readable Zone.(MRZ)

Contains (left to right):

     visa number comprising alpha "V", three‑digit post

     identifier, separator, computer generated

     seven‑digit sequence and a check alpha

     number of persons visaed

     surname, first given name and initial of second

     given name of principal visa holder only

     (see note below)

     travel document number

     country of citizenship

     date of birth for principal visa holder (YY,MM,DD)

     gender (F or M)

     class code

     visa subclass number

NOTE:Nationalities whose names are readily interchangeable will have their name spelt out in full.

CATEGORY 4 ‑ REFUGEE AND SPECIAL HUMANITARIAN PROGRAMS

Visa Codes

              Principal                       Accompanying

              Applicant                    Family Member

Vietnamese              K4011   K4012

Laotian              K4021   K4022

Cambodians              K4031   K4032

Eastern Europeans              K4041   K4042

South Americans              K4051   K4052

Central Americans              K4091   K4092

Africans              K4101   K4102

Middle Easterners              K4111   K4112

Other              K4401   K4402

SPECIAL HUMANITARIAN PROGRAMS

Afghans              K4511   K4512

Armenians              K4521   K4522

Assyrians/Chaldeans              K4531   K4532

Copts              K4541   K454Z

Iranian‑Baha'is              K4551   K4552

Iranian Zoroastrians              K4561   K4562

Iranian Muslims              K4571   K4572

Iranian Christians              K4581   K4582

Iranian Jews              K4591   K4592

Jews ex Middle East

  not elsewhere included              K4601   K4602

Muslims ex Middle East

  not elsewhere included              K4611   K4612

Syrian Orthodox Christians

  (Jacobites)              K4621   K4622

Other Middle Eastern Christians

  not elsewhere included              K4631   K4632

Soviet Jews              K4641   K4642

Eastern Europeans

  not elsewhere included              K4651   K4652

Africans

  not elsewhere included              K4661   K4662

Vietnamese

  not elsewhere included              K4671   K4672

Laotians

  not elsewhere included              K4681   K4682

Cambodians

  not elsewhere included              K4691   K4692

Other Asians

  not elsewhere included              K4701   K4702

Eastern Timorese              K4711   K4712

Central Americans              K4721   K4722

Poles in Poland              K4741  K4742

Christians ex Middle East

  (special program)              K4751  K4752

Sri Lankans in Sri Lanka              K4761  K4762

Chileans in Chile              K4771  K4772

Other South Americans              K4781  K4782

Russians ex China              K4791  K4792

Lebanese              K4801  K4802

Not elsewhere included              K4901  K4902

Refugees

  Indo-Chinese

  ‑ Vietnamese — K4A11        K4A12

  ‑ Laotians — K4A13    K4A14

  ‑ Cambodians — K4A15    K4A16

  East European

  ‑ Poles — K4A21    K4A22

  ‑ Romanians — K4A23    K4A24

  ‑ Soviet Jews — K4A25    K4A26

  ‑ Other — K4A27    K4A28

  Latin‑ American

  ‑ Central Americans — K4A31    K4A32

  ‑ South Americans — K4A33    K4A34

  Middle East

  ‑ Iranians — K4A41    K4A42

  ‑ Afghans — K4A43.   K4A44

  ‑ Lebanese — K4A45    K4A46

  ‑ Other — K4A47    K4A48

African

  ‑ Northern Africans — K4A51     K4A52

  ‑ Southern Africans — K4A53     K4A62

  ‑ Burmese — K4A63     K4A64

  ‑ Other — K4A65     K4A66

Funded Special Humanitarian Programs

  Indo-Chinese

  - Vietnamese — K4B11     K4B12

  - Laotians                                                    K4B13                                                 K4B14

-Cambodians — K4B15     K4B16

East European

‑ Poles — K4B21     K4B22

‑ Romanians — K4B23     K4B24

‑ Soviet Jews — K4B25     K4B26

‑ Other ‑K4B27     K4B28

Latin American

‑ Central Americans — K4B31     K4B32

‑ South Americans — K4B33     K4B34

  Middle East

  ‑ Iranians — K4B41   K4B42

  ‑ Afghans.K4B43   K4B44

  ‑ Lebanese — K4B45   K4B46

  ‑ Other — K4B47   K4B48

  African

  ‑ Northern Africans   X4B51   K4B52

  ‑ Southern Africans — K4B53   K4B54

  Other

  ‑ Sri Lankans — K4B61   K4B62

  ‑ Burmese — K4B63   K4B64

  ‑ Other — K4B65   K4B66

Refugee/Humanitarian visa classes (subclasses after 1/9/94)

  200 — 206

  201 — 207

  202 — 208

  203 — 209

  204 — 210

  205 — 211

212

800 — 213

810 — 214

817

866

784

NOTES:Restricted Passport Visas were held by Iranian and Polish nationals who were migrating to Australia as covert refugees.  Prior to Class 431 visas these special category migrants were identified by the information code "P" on a temporary resident stamp.