Specification of Classes of Visa for the Purpose of Determining Eligibility of Persons as “Eligible Humanitarian New Arrival” (Cth)

COMMONWEALTH OF AUSTRALIA

SCHOOLS ASSISTANCE ACT 2008

Determination No. 2010-268 section 92

Specification of classes of visa for the purposes of the definition of “eligible humanitarian new arrival” under paragraph 92(1)(b) of the Schools Assistance Act 2008 (the Act)

I, Matt Davies, a delegate of the Minister for Education (for the purposes of section 92 of the Act) determine, under subsection 92(2) of the Act, that “eligible humanitarian new arrival”, for the purposes of paragraph 92(1)(b) of the Act, means a person who holds a visa specified in the Schedule attached to this instrument.

Dated this         14th                 day of               July   2010

…….……………………………….………………………………………………

Matt Davies

Branch Manager

School and Student Branch

Lifting Educational Outcomes Group

1   CITATION

This Determination may be cited as the Specification of Classes of Visa for the Purpose of Determining Eligibility of Persons as “Eligible Humanitarian New Arrival”.

2   AUTHORITY

This Determination is made under subsection 92(2) of the Schools Assistance Act 2008 (the Act) for the purpose of the definition of “Eligible Humanitarian New Arrival” under paragraph 92(1)(b) of the Act.

In accordance with subsection 92(6) of the Act, this Determination is a legislative instrument.

3   DATE OF EFFECT

This Determination is taken to have commenced on 1 January 2009.

4   APPLICATION

This Determination is taken to have applied on and after 1 January 2009.

SCHEDULE OF CLASSES OF VISA SPECIFIED FOR THE PURPOSE OF THE DEFINITION OF “ELIGIBLE HUMANITARIAN NEW ARRIVAL” UNDER PARAGRAPH 92(1)(B) OF THE SCHOOLS ASSISTANCE ACT 2008

Refugee and Humanitarian (Class XB) Subclass 200 – Refugee (Permanent)

Refugee and Humanitarian (Class XB) Subclass 201 – In-country Special Humanitarian (Permanent)

Refugee and Humanitarian (Class XB) Subclass 202 – Global Special Humanitarian (Permanent)

Refugee and Humanitarian (Class XB) Subclass 203 – Emergency Rescue (Permanent)

Refugee and Humanitarian (Class XB) Subclass 204 – Woman at risk (Permanent)

Refugee and Humanitarian (Class CD) Subclass 851 – Resolution of Status (Permanent)

Refugee and Humanitarian (Class XA) Subclass 866 – Protection (Permanent)

Temporary Safe Haven (Class UJ) Subclass 448 – Kosovar Safe Haven (Temporary)

Temporary Safe Haven (Class UJ) Subclass 449 – Humanitarian Stay (Temporary)

Temporary Humanitarian Visa (THV) Subclass 786 – Humanitarian Concern (Temporary)

Permanent Humanitarian Visa’ as defined by Regulation 1.03 of the Migration Regulations 2003