Migration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021 [” the Instrument”] dated 15 November 2021 specifies as a class of persons for paragraph 1402(3B)(b) of Schedule 1 to the Migration Regulations 1994, persons who were granted Subclass 449 visas due to the deteriorating security situation in Afghanistan.
Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021, recently inserted the provision of enabling persons evacuated from Afghanistan to Australia to lodge applications for Refugee and Humanitarian (Class XB) visa for permanent residence while onshore which in normal circumstances, can only be applied for by, and granted to, applicants who are outside Australia. However, it allows for the onshore application and grant of class XB Humanitarian visas where the visa applicant is within a specified class of persons. According to the Instrument LIN21/080, an applicant for a Refugee and Humanitarian (Class XB) visa is in a class of persons, if the applicant has been granted a subclass 449 visa due to any of the following reasons:
- The deteriorating security situation in Afghanistan (the main 449 visa holder)
- An applicant is a member of the immediate family of a main 449 visa holder at the time that the main 449 visa holder was granted that visa
- An applicant is a member of the family unit of a main 449 visa holder
- An applicant is a member of the immediate family of a subclass 449 visa holder referred to in paragraph (b)
- An applicant is a child born in Australia who is taken to be granted a subclass 449 visa by operation of section 78 of the Act
- An applicant is the child of an applicant mentioned in paragraph (a) (b) (c) (d).
The Instrument is registered on the Federal Register of legislation on 16 November 2021 and commenced on 17 November 2021. It is currently in force.
To access the Instrument, click here.
