EXPLANATORY STATEMENT
Issued by a delegate of the Minister
Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025
The instrument is made under subregulation 2.07(5) and item 1402 of Schedule 1 to the Migration Regulations 1994 (Migration Regulations).
The instrument amends Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 (LIN 20/169).
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The instrument amends LIN 20/169 to provide for internet lodgement of applications for Global Special Humanitarian (subclass 202) visas lodged under the Special Humanitarian Program (SHP), a Class XB visa (offshore refugee and humanitarian). Currently applications under the SHP (subclass 202) are paper-based and must be lodged at the Special Humanitarian Processing Centre via post, delivery or webform (online portal).
This instrument is covered by the exemption from disallowance provided by table item 20 of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A statement of compatibility with human rights is therefore not required.
The Office of Impact Analysis (OIA) has been consulted in relation to the amendments, advising that no Impact Analysis is required. The OIA consultation reference number is OIA23-06062.
This measure will promote the efficient administration and ease of application process, for both the Department and applicants, for the Special Humanitarian Program (SHP) program of the subclass 202 Global Special Humanitarian visa. External consultation was therefore not considered necessary, and noting it aligns with the Department’s existing, long-standing arrangements for online visa application services.
The instrument commences on the later of:
- 1 July 2025; and
- the day after it is registered on the Federal Register of Legislation.
Further details of the instrument are set out in Attachment A.
The instrument will be repealed by operation of Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003 (Legislation Act). That Division (under section 48A) automatically repeals a legislative instrument that has the sole purpose of amending or repealing another instrument. As the instrument will automatically repeal, it does not engage the sunsetting framework under Part 4 of the Legislation Act.
The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
ATTACHMENT A
Details of the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025
Section 1 – Name of instrument
This section provides that the title of the instrument is the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025 (LIN 25/050).
Section 2 – Commencement
This section provides the instrument commences on the later of:
- 1 July 2025; and
- the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under subregulation 2.07(5) and item 1402 of Schedule 1 to the Migration Regulations 1994.
Section 4 – Schedules
This section provides that 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.
Schedule 1 – Amendments
Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020
Item [1] – Section 8 (table item 1)
This item repeals table item 1 of section 8 of Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 (LIN 20/169) and substitutes new table items 1 and 1A.
Section 8 of LIN 20/169 is made under item 1402 of Schedule 1 to the Migration Regulations and specifies the form, place and manner for applications for the Refugee and Humanitarian (Class XB) visa.
Table item 1 – Special Humanitarian Program (SHP)
New table item 1 covers applicants whose entry to Australia has been proposed in accordance with departmental approved form 681. This refers to applicants for Subclass 202 – Global Special Humanitarian visa (subclass 202 visa) in the Special Humanitarian Program (SHP).
Paragraph 202.211(2)(a) of Schedule 2 of the Migration Regulations refers to an applicant whose ‘entry to Australia has been proposed in accordance with approved form 681’. Approved 681 is used by persons wishing to propose applicants under the Special Humanitarian Program.
New table item 1 provides that generally, these applications must be made as Internet applications using forms 842 (Internet) and 681 (Internet).
However, if the application cannot be made as an Internet application, and the Department has given written notice authorising the person to do so, it can be made using form 842 and 681. This can be done be either:
- posting the application with sufficient postage to the address specified in subparagraph (b)(i) of column 3; or
- making the application via the Department’s online portal at https://www.homeaffairs.gov.au/humvisaapplication.
Table item 1A – Community Support Program (CSP)
New table item 1A covers applicants for whose entry to Australia has been proposed in accordance with form 1417. This refers to applicants for a subclass 202 visa in the Community Support Program (CSP).
Subclause (3A) of clause 1402 of Schedule 1 to the Migration Regulations provides that “for an application that includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2… (b) the application must include form 1417, completed by the approved proposing organisation”. Form 1417 is used by Approved Proposing Organisations (APOs) seeking to propose visa applicants under the CSP.
The arrangements for these applications have not changed. These applications must continue to be made using approved forms 842 and 1417 and either:
- posting the application with sufficient postage to the address specified in paragraph (a) of column 3; or
- making the application via the Department’s online portal at https://www.homeaffairs.gov.au/humvisaapplication.