# Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas

> act-s39A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

39A Minimum annual numbers of Protection (Class XA) visas and
         Refugee and Humanitarian (Class XB) visas
          (1) Despite any legislative instrument made for the purposes of
              section 39, the Minister must take all reasonably practicable
              measures to ensure the grant in a financial year of at least the
              minimum total number of Protection (Class XA) visas and Refugee
              and Humanitarian (Class XB) visas that is determined by the
              Minister under subsection (3) of this section for that year.
          (2) Subsection (1) applies subject to this Act, and to any regulation or
              instrument made under or for the purposes of this Act (other than
              section 39 of this Act).
          (3) The Minister may, by legislative instrument, determine a minimum
              total number of Protection (Class XA) visas and Refugee and
              Humanitarian (Class XB) visas for a financial year specified in the
              determination.
          (4) Despite regulations made for the purposes of paragraph 44(2)(b) of
              the Legislation Act 2003, section 42 (disallowance) of that Act
              applies to a legislative instrument made under subsection (3) of this
              section.
          (5) In this section:
               Protection (Class XA) visas means visas classified by regulation as
               Protection (Class XA) visas.
               Note:      For this class of visas, see clause 1401 of Schedule 1 to the Migration
                          Regulations 1994.








               Refugee and Humanitarian (Class XB) visas means visas
               classified by regulation as Refugee and Humanitarian (Class XB)
               visas.
               Note:      For this class of visas, see clause 1402 of Schedule 1 to the Migration
                          Regulations 1994.