Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 (Cth)
LIN 20/169
Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020
made under the Migration Act 1958
Compilation no. 3
Compilation date 14 February 2023
This compilation was prepared by the Department of Home Affairs on 10 February 2023 taking into account amendments up to Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) 2023.
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 Regulations1994:
(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 (c) made via the online portal at the following address: |
| 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 item 1403 of Schedule 1 to the Regulations, an application for a Temporary Protection (Class XD) visa by an applicant who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa must be made:
(a) using form 866 (internet) or form 866; and
(b) either:
(i) as an internet application; or
(ii) if it cannot be made as an Internet application— 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
For item 1404 of Schedule 1 to the Regulations, an application for a Safe Haven Enterprise (Class XE) visa by an applicant who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) must be made:
(a) using form 866 (internet) or form 866; and
(b) either:
(i) as an Internet application; or
(ii) if it cannot be made as an Internet application— 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
| Name | Registration | Number | Commencement | Application, saving or transitional provisions |
| Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 | 12 November 2020 | F2020L01420 | 13 November 2020 | section 5 |
| Migration (Arrangements for Protection, Refugee and Humanitarian visas) Amendment Instrument (LIN 21/079) 2021 | 16 November 2021 | F2021L01562 | 17 November 2021 | - |
| Migration (Arrangements for Refugee and Humanitarian (Class XB) visas) Amendment Instrument (LIN 22/060) 2022 | 8 June 2022 | F2022L00750 | 10 June 2022 | - |
| Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) 2023 | 13 February 2023 | F2023L00101 | 14 February 2023 | - |
Table of amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| s. 2.................................... | rep. Legislation Act 2003, s 48D |
| s. 4.................................... | am. LIN 21/079 |
| s. 6.................................... | rep. Legislation Act 2003, s 48C |
| s. 7.................................... | am. F2021L01562 |
| s. 8.................................... | am. F2021L01562 am. F2022L00750 |
| s. 9.................................... | am. F2021L01562, rs. F2023L00101 |
| s. 10.................................. | am. F2021L01562, rs. F2023L00101 |
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