LIN 20/169

Compilation no. 4

Compilation date 28 August 2023

This compilation was prepared by the Department of Home Affairs on 28 August 2023 taking into account amendments up to Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/049) 2023 (No. 2).

About this compilation

This compilation

This is a compilation of the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 that shows the text of the law as amended and in force on 28/08/2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1          Name

                 This instrument is the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020.

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

        (1)     For the purposes of item 1401 of Schedule 1 to the Regulations, an application for a Protection (Class XA) visa must be made using form 866 (Internet) as an Internet application.

        (2)     If the application cannot be made in accordance with subsection (1) and the Department has given written notice authorising the person to do so, it can be made using 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.

9          Temporary Protection (Class XD) visa

        (1)     For the purpose of item 1403 of Schedule 1 to the Regulations, an application for a Temporary Protection (Class XD) visa must be made using form 866 (Internet) as an Internet application.

        (2)     If the application cannot be made in accordance with subsection (1) and the Department has given written notice authorising the person to do so, it can be made using form 866 and posted with sufficient prepaid postage to:

Protection Visas      

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001.

10        Safe Haven Enterprise (Class XE) visa

        (1)     For the purpose of item 1404 of Schedule 1 to the Regulations, an application for a Safe Haven Enterprise (Class XE) visa must be made using form 866 (Internet) as an Internet application.

        (2)     If the application cannot be made in accordance with subsection (1) and the Department has given written notice authorising the person to do so, it can be made using form 866 and posted with sufficient prepaid postage to:

Protection Visas      

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001.

Notes

This compilation comprises Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 amended as indicated in the following tables.

Table of instruments

Table of amendments