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Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/049) 2023 (No. 2) dated 23 August 2023 amends Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 to update the arrangements including approved form, manner and place for lodging the visa applications for Protection (Class XA) visa, Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa.

An application for a Class XA, Class XD and Class XE visa must be in the approved form specified by the Minister in a legislative instrument as per Items 1401, 1403 and 1404 of Schedule 1 to the Migration Regulations. The new instrument updates the arrangements for lodging visa applications for these three visa classes:

  1. Protection (Class XA) visa

For the purposes of item 1401 of Schedule 1 to the Migration Regulations, all Protection (Class XA) visa applications must be made using form 866 (Internet) as an Internet application. If the application cannot be made using an online form, the application can be made using form 866 and posted with sufficient prepaid postage to the specified departmental address in Sydney, but only if the Department specifically authorises the applicant to do so.

  1. Temporary Protection (Class XD) visa

For the purposes of item 1403 of Schedule 1 to the Migration Regulations, all Temporary Protection (Class XD) visa applications must be made using form 866 (Internet) as an Internet application. If the application cannot be made using an online form, the application can be made using form 866 and posted with sufficient prepaid postage to the specified departmental address in Sydney, but only if the Department specifically authorises the applicant to do so.

  1. Safe Haven Enterprise (Class XE) visa

For the purposes of item 1404 of Schedule 1 to the Migration Regulations, all Safe Haven Enterprise (Class XE) visa applications must be made using form 866 (Internet) as an Internet application. If the application cannot be made using an online form, the application can be made using form 866 and posted with sufficient prepaid postage to the specified departmental address in Sydney, but only if the Department specifically authorises the applicant to do so.

The instrument is registered on the Federal Register of Legislation on 23 August 2023 and commenced on 28 August 2023.

To access the instrument, click here.


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