1 Name
(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.
3 Authority
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.
4 Definitions
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.
written notice means a notice in writing from the Department notifying a person they can make a visa application, including instructions about how to return the form to the Department.
5 Application
This instrument applies to visa applications made on or after the commencement of the instrument.
7 Protection (Class XA) visa
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 form 866 and posted with sufficient prepaid postage, 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 form 681 or form 1417 | (a) 842 and 681; or (b) 842 and 1417 | Application must be: (a) posted with sufficient prepaid postage, 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 | Applicant who is covered by subitem 1402(3B) of Schedule 1 to the Regulations and who has received written notice | 842 | Application must be made in accordance with the instructions in the written notice |
| 3 | Any other applicant | 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 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 form and posted with sufficient prepaid postage, to: Protection Visas Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001 |
| 2 | Any other applicant | 866 (internet); or 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 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 form and posted with sufficient prepaid postage, to: Protection Visas Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001 |
| 2 | Any other applicant | 866 (internet); or form 866 |