NEW INSTRUMENT: Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/049) 2023 (No. 2)

Subregulation 2.07(5) of the Migration Regulations provides that if an item of Schedule 1 to the Migration Regulations prescribes a criteria or requirements by reference to a legislative instrument made under subregulation 2.07(5), the Minister may, by legislative instrument, specify the following:

·         an approved form for making an application for a visa of a specified class;

·         the way in which an application for a visa of a specified class must be made;

·         the place at which an application for a visa of a specified class must be made; and

·         any other matter.

Items 1401, 1403 and 1404 of Schedule 1 to the Migration Regulations provides that an application for a visa of the following classes must be in the approved form specified by the Minister in a legislative instrument made for each item under subregulation 2.07(5) of the Migration Regulations:

·         Protection (Class XA) visa;

·         Temporary Protection (Class XD) visa; and

·         Safe Haven Enterprise (Class XE) visa.

This instrument updates the arrangements for lodging visa applications for these three visa classes.  The purpose of this instrument is to increase the administrative efficiencies associated with the lodgement of internet applications for both the department and prospective applicants and to ensure paper applications are being submitted only when there is a genuine need to do so.

Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/049) 2023 (No. 2) (legislation.gov.au)

Written by Ross Ahmadzai

23 Aug, 2023

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