Migration (LIN 18/029: Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2018 (Cth)
Migration (LIN 18/029: Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2018
made under subregulation 2.07(5) of the
Migration Regulations 1994
Compilation No. 1
Compilation date: 13 February 2019
Includes amendments up to: Migration (LIN 19/093: Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument 2019 (F2019L00129)
Prepared by the Department of Home Affairs
About this compilation
This compilation
This is a compilation of the Migration (LIN 18/029: Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2018 that shows the text of the law as amended and in force on 13/02/2019 (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 Legislation Register ( 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1 – Preliminary 1
1 Name........................................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
5 Schedules................................................................................................................................. 1
Part 2 – Arrangements for Protection, Refugee and Humanitarian Visas 2
6 Protection (Class XA) visa....................................................................................................... 2
7 Refugee and Humanitarian (Class XB) visa............................................................................. 2
8 Temporary Protection (Class XD) visa.................................................................................... 2
9 Safe Haven Enterprise (Class XE) visa.................................................................................... 2
Part 3 – Application 3
10 Application of this instrument................................................................................................ 3
Schedule 1 – Arrangements for Protection (Class XA) Visa 4
Schedule 2 – Arrangements for Refugee and Humanitarian (Class XB) Visa 5
Schedule 3 – Arrangements for Temporary Protection (Class XD) Visa 6
Schedule 4 – Arrangements for Safe Haven Enterprise (Class XE) Visa 7
Schedule 5 – Repeals 8
Part 1 – Repeals 8
Migration (IMMI 17/051: Arrangements for Protection, Humanitarian and Refugee Visas) Instrument 2017 (F2017L00767) 8
Part 2 – Application 9
1 Application of Repeal................................................................................................................ 9
Endnotes10
Endnote 1—About the endnotes 10
Endnote 2—Abbreviation key 11
Endnote 3—Legislation history 12
Endnote 4—Amendment history 13
Part 1 – Preliminary
1 Name
(1)This instrument is the Migration (LIN 18/029: Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2018.
(2)It may be cited as LIN 18/029.
3 Authority
This instrument is made under subregulation 2.07(5) of the Regulations.
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:
Act means Migration Act 1958.
Regulations means Migration Regulations 1994.
5 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 2 – Arrangements for Protection, Refugee and Humanitarian Visas
6 Protection (Class XA) visa
For the purposes of item 1401 of Schedule 1 to the Regulations, for the corresponding kind of applicant in Column 1 of the table in Schedule 1:
(a)the approved form is specified in Column 2; and
(b)the place and manner for making an application is specified in Column 3.
7 Refugee and Humanitarian (Class XB) visa
For the purposes of item 1402 of Schedule 1 to the Regulations, for the corresponding kind of applicant in Column 1 of the table in Schedule 2:
(a)the approved form is specified in Column 2; and
(b)the place and manner for making an application is specified in Column 3.
8 Temporary Protection (Class XD) visa
For the purposes of item 1403 of Schedule 1 to the Regulations, for the corresponding kind of applicant in Column 1 of the table in Schedule 3:
(a)the approved form is specified in Column 2; and
(b)the place and manner for making an application is specified in Column 3.
9 Safe Haven Enterprise (Class XE) visa
For the purposes of item 1404 of Schedule 1 to the Regulations, for the corresponding kind of applicant in Column 1 of the table in Schedule 4:
(a)the approved form is specified in Column 2; and
(b)the place and manner for making an application is specified in Column 3.
Part 3 – Application
10 Application of this instrument
This instrument applies to an application for a Protection (Class XA) visa, Refugee and Humanitarian (Class XB) visa, Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa made on or after the commencement of this instrument.
Schedule 1 – Arrangements for Protection (Class XA) Visa
| Item No. | COLUMN 1 Kind of Applicant | COLUMN 2 Form | COLUMN 3 Place and Manner |
| 1 | All applicants | 866 (Internet); or 866 | Application must be lodged by: (a) internet application; or (b) post to the following address if paper form used: Onshore Protection New South Wales |
Schedule 2 – Arrangements for Refugee and Humanitarian (Class XB) Visa
| Item No. | COLUMN 1 Kind of Applicant | COLUMN 2 Form | COLUMN 3 Place and Manner |
| 1 | Applicants whose entry to Australia has been proposed in accordance with approved forms 681 or 1417 and who are outside Australia | 842 | Application must be lodged by: (a) post, with the correct prepaid postage to: Special Humanitarian Processing Centre (b) courier service delivery to: Special Humanitarian Processing Centre (c) email via the online lodgement portal at the following address:
|
| 2 | All other applicants | 842 | Application must be lodged at a diplomatic, consular, or migration office maintained by, or on behalf of the Commonwealth outside Australia. |
Schedule 3 – Arrangements for Temporary Protection (Class XD) Visa
| Item No. | COLUMN 1 Kind of Applicant | COLUMN 2 Form | COLUMN 3 Place and Manner |
| 1 | Applicants who do not hold and have never held a Temporary Protection (Class XD) visa or Safe Haven Enterprise | 866 (internet); or 866 | Application must be lodged by: (a) internet application; or (b) post to the following address if paper form is used: Onshore Protection New South Wales Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001 |
| 2 | Applicants who hold or have held a Temporary Protection (Class XD) visa or Safe Haven Enterprise | 1505 (internet); or 1505 |
Schedule 4 – Arrangements for Safe Haven Enterprise (Class XE) Visa
| Item No. | COLUMN 1 Kind of Applicant | COLUMN 2 Form | COLUMN 3 Place and Manner |
| 1 | Applicants who do not hold and have never held a Temporary Protection (Class XD) visa or Safe Haven Enterprise (Class XE) visa | 866 (internet); or 866 with design date including and subsequent to 1 July 2017; or 790 | Application must be lodged by: (a) internet application; or (b) post to the following address if paper form used: Onshore Protection New South Wales |
| 2 | Applicants who hold or have held a Temporary Protection (Class XD) visa or Safe Haven Enterprise (Class XE) visa | 1505 (Internet); or 1505 |
Schedule 5 – Repeals
Part 1 – Repeals
Migration (IMMI 17/051: Arrangements for Protection, Humanitarian and Refugee Visas) Instrument 2017 (F2017L00767)
1 The whole of the instrument
Repeal the instrument.
Part 2 – Application
1 Application of Repeal
Despite the repeal of the Migration (IMMI 17/051: Arrangements for Protection, Humanitarian and Refugee Visas) Instrument 2017 (IMMI 17/051) by Part 1 of this Schedule, IMMI 17/051, as in force immediately before the commencement of this instrument, continues to apply in relation to an application for a Protection (Class XA) visa, a Refugee and Humanitarian (Class XB) visa, a Temporary Protection (Class XD) visa and a Safe Haven Enterprise (Class XE) visa, if that application is made before the commencement of this instrument and is not finally determined.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) | |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Migration (LIN 18/029: Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2018 | 31 Aug 2018 (F2018L01235) | 1 Sept 2018 (s 2) | |
| Migration (LIN 19/093: Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument 2019 | 12 Feb 2019 (F2019L00129) | 13 Feb 2019 (s 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s 2............................................ | rep LA s 48D |
| Part 3 | |
| s 7............................................ | |
| renum s 10............................ | F2019L00129 |
| Schedule 1 | |
| Schedule 1................................ | am F2019L00129 |
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