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This instrument specifies that the visa period for Subclass 449 Humanitarian Stay (Temporary) visas held by the Afghan evacuee cohort be extended until 30 November 2022.
Administered by: Home Affairs
Registered 11 Nov 2021

Commonwealth Coat of Arms

LIN 21/078

I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, acting under subsection 37A(2) of the Migration Act 1958 (the Act) make the following notifiable instrument.


Dated         11 November 2021

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs


1          Name

                 This instrument is the Migration (Extension of visa period for certain temporary safe haven visas) Instrument (LIN 21/078) 2021.

2          Commencement

                 This instrument commences on the day after registration.

3          Definitions

                 In this instrument:

Regulations means the Migration Regulations 1994.

subclass 449 visa means a Subclass 449 Humanitarian Stay (Temporary) visa.

Note:         Section 46 of the Acts Interpretation Act 1901 applies to this instrument, meaning that terms defined in the Act and Regulations have the same meaning in this instrument, including member of the family unit, member of the immediate family and visa period.

4          Extension of visa period

        (1)     For subsection 37A(2) of the Act, the visa period of a subclass 449 visa granted:

(a)   on or after 19 August 2021; and

(b)   before the commencement of this instrument

                 is extended so that the visa ceases to be in effect on 30 November 2022 if the visa is held by a visa holder of a kind mentioned in subsection (2) or (3).

        (2)     The visa holder:

(a)   was granted the visa due to:

             (i)  the deteriorating security situation in Afghanistan (the main visa holder); or

            (ii)  being a member of the immediate family of a main visa holder at the time that the main visa holder was granted the visa; or

           (iii)  being a member of the family unit of a main visa holder; or

           (iv)  being a member of the immediate family of a visa holder referred to in subparagraph (ii); and

(b)   entered Australia on or before the date specified by the Minister under clause 449.511 of Schedule 2 to the Regulations on the grant of the visa.

        (3)     The visa holder:

(a)   is a child born in Australia who is taken to have been granted a visa by operation of section 78 of the Act; and

(b)   is the child of a visa holder mentioned in subsection (2).