Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020
I, Sally Pfeiffer, as delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.
Dated: 11 November 2020
Sally Pfeiffer
Senior Executive Service Band One
Refugee, Humanitarian and Settlement Division
Department of Home Affairs
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
5 Application
6 Repeal
Part 2—Arrangements for protection, refugee and humanitarian visas
7 Protection (Class XA) visa
8 Refugee and Humanitarian (Class XB) visa
9 Temporary Protection (Class XD) visa
10 Safe Haven Enterprise (Class XE) visa
(1) This instrument is the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020.
(2) This instrument may be cited as LIN 20/169.
This instrument commences on the day after it is registered on the Federal Register of Legislation.
This instrument is made under the following provisions of the Migration Regulations 1994:
(a) subregulation 2.07(5);
(b) items 1401, 1402, 1403 and 1404 of Schedule 1.
Note: A number of expressions used in this instrument are defined in section 5 of the Migration Act 1958, including the following:
(a) approved form;
(b) visa.
In this instrument:
Regulations means the Migration Regulations 1994.
This instrument applies to visa applications made on or after the commencement of the instrument.
This instrument repeals Migration (LIN 18/029: Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2018 (F2019C00149), in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
Part 2—Arrangements for protection, refugee and humanitarian visas
For the purposes of item 1401 of Schedule 1 to the Regulations, an application for a Protection (Class XA) visa:
(a) must be made using form 866 (Internet) as an Internet application; or
(b) if an application cannot be made in the manner specified in paragraph (a), the application may be made using a paper form 866 and posted with correct pre-paid postage amount, to:
Protection Visas
Department of Home Affairs
GPO Box 9984
SYDNEY NSW 2001
8 Refugee and Humanitarian (Class XB) visa
For the purposes of item 1402 of Schedule 1 to the Regulations, an application for a Refugee and Humanitarian (Class XB) visa by a kind of applicant mentioned in column 1 of an item in the table must be made:
(a) using the form mentioned in column 2 for the item; and
(b) in one of the places and corresponding manners mentioned in column 3 for the item.
Item No | Column 1 Applicant | Column 2 Form | Column 3 Place and manner |
1 | Applicant whose entry to Australia has been proposed in accordance with approved forms 681 or 1417 | Paper form 842 | Application must be: (a) posted with correct pre-paid postage amount, to: Special Humanitarian Processing Centre Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001; or (b) delivered by courier service to: Special Humanitarian Processing Centre Department of Home Affairs Level 3, 26 Lee Street SYDNEY NSW 2001; or (c) made via the online portal at the following address: https://www.homeaffairs.gov.au/humvisaapplication |
2 | Any other applicant | Paper form 842 | Application must be made at a diplomatic consular or migration office maintained by or for the Commonwealth and located outside Australia |
9 Temporary Protection (Class XD) visa
For the purposes of item 1403 of Schedule 1 to the Regulations, an application for a Temporary Protection (Class XD) visa by a kind of applicant mentioned in column 1of an item in the table must be made:
(a) using the form mentioned in column 2 for the item; and
(b) in the place and manner mentioned in column 3 for the item.
Item No. | Column 1 Applicant | Column 2 Form | Column 3 Place and manner |
1 | Applicant who holds or has held a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa | 1505 (internet); or paper form 1505 | Application: (a) must be made as an Internet application; or (b) if an application cannot be made in the manner specified in paragraph (a), it may be made using the relevant paper form and posted with correct pre-paid postage amount, to: Protection Visas Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001 |
2 | Any other applicant | 866 (internet); or paper form 866 |
10 Safe Haven Enterprise (Class XE) visa
For the purposes of item 1404 of Schedule 1 to the Regulations, an application for a Safe Haven Enterprise (Class XE) visa by a kind of applicant mentioned in column 1of an item in the table must be made:
(a) using the form mentioned in column 2 for the item; and
(b) in the place and manner mentioned in column 3 for the item.
Item No. | Column 1 Applicant | Column 2 Form | Column 3 Place and manner |
1 | Applicant who holds or has held a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa | 1505 (internet); or paper form 1505 | Application: (a) must be made as an Internet application; or (b) if an application cannot be made in the manner specified in paragraph (a), it may be made using the relevant paper form and posted with correct pre-paid postage amount, to: Protection Visas Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001 |
2 | Any other applicant | 866 (internet); or paper form 866 |