# Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020

> F2020L01420 — as made — Status: InForce — Made/registered 2020-11-12 — https://www.legislation.gov.au/F2020L01420/latest/details

> _As-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source._

Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020
I, Sally Pfeiffer, as delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make the following instrument.
Dated:                            11 November 2020
Sally Pfeiffer
Senior Executive Service Band One
Refugee, Humanitarian and Settlement Division
Department of Home Affairs 
Contents
Part 1—Preliminary
1  Name
2  Commencement
3  Authority
4  Definitions
5  Application
6  Repeal
Part 2—Arrangements for protection, refugee and humanitarian visas
7  Protection (Class XA) visa
8  Refugee and Humanitarian (Class XB) visa
9  Temporary Protection (Class XD) visa
10  Safe Haven Enterprise (Class XE) visa
Part 1—Preliminary
1  Name
•            This instrument is the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020.
•            This instrument may be cited as LIN 20/169.

2  Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
3  Authority
This instrument is made under the following provisions of the Migration Regulations 1994:
(a) subregulation 2.07(5);
(b) items 1401, 1402, 1403 and 1404 of Schedule 1.
4  Definitions
Note: A number of expressions used in this instrument are defined in section 5 of the Migration Act 1958, including the following:
(a) approved form;
(b) visa.
In this instrument:
Regulations means the Migration Regulations 1994.
5  Application
This instrument applies to visa applications made on or after the commencement of the instrument.
6  Repeal
This instrument repeals Migration (LIN 18/029: Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2018 (F2019C00149), in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

Part 2—Arrangements for protection, refugee and humanitarian visas
7  Protection (Class XA) visa
For the purposes of item 1401 of Schedule 1 to the Regulations, an application for a Protection (Class XA) visa:
(a) must be made using form 866 (Internet) as an Internet application; or
(b) if an application cannot be made in the manner specified in paragraph (a), the application may be made using a paper form 866 and posted with correct pre-paid postage amount, to:
Protection Visas
Department of Home Affairs
GPO Box 9984
SYDNEY NSW 2001
8  Refugee and Humanitarian (Class XB) visa
For the purposes of item 1402 of Schedule 1 to the Regulations, an application for a Refugee and Humanitarian (Class XB) visa by a kind of applicant mentioned in column 1 of an item in the table must be made:
•            using the form mentioned in column 2 for the item; and
•            in one of the places and corresponding manners mentioned in column 3 for the item.

	Item
No
	Column 1
Applicant
	Column 2
Form
	Column 3
Place and manner

	1
	Applicant whose entry to Australia has been proposed in accordance with approved forms 681 or 1417
	Paper form 842
	Application must be:
•          posted with correct pre-paid postage amount, to:

Special Humanitarian Processing Centre
Department of Home Affairs
GPO Box 9984
SYDNEY NSW 2001; or
•          delivered by courier service to:

Special Humanitarian Processing Centre
Department of Home Affairs
Level 3, 26 Lee Street
SYDNEY NSW 2001; or
•          made via the online portal at the following address: https://www.homeaffairs.gov.au/humvisaapplication  

	2
	Any other applicant
	Paper form 842
	Application must be made at a diplomatic consular or migration office maintained by or for the Commonwealth and located outside Australia

9  Temporary Protection (Class XD) visa
For the purposes of item 1403 of Schedule 1 to the Regulations, an application for a Temporary Protection (Class XD) visa by a kind of applicant mentioned in column 1of an item in the table must be made:
•            using the form mentioned in column 2 for the item; and
•            in the place and manner mentioned in column 3 for the item.

	Item
No.
	Column 1
Applicant
	Column 2
Form
	Column 3
Place and manner

	1
	Applicant who holds or has held a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa
	1505 (internet); or paper form 1505
	Application:
•        must be made as an Internet application; or
•        if an application cannot be made in the manner specified in paragraph (a), it may be made using the relevant paper form and posted with correct pre-paid postage amount, to:

Protection Visas
Department of Home Affairs
GPO Box 9984
SYDNEY NSW 2001

	2
	Any other applicant
	866 (internet); or paper form 866

10  Safe Haven Enterprise (Class XE) visa
For the purposes of item 1404 of Schedule 1 to the Regulations, an application for a Safe Haven Enterprise (Class XE) visa by a kind of applicant mentioned in column 1of an item in the table must be made:
•            using the form mentioned in column 2 for the item; and
•            in the place and manner mentioned in column 3 for the item. 

	Item
No.
	Column 1
Applicant
	Column 2
Form
	Column 3
Place and manner

	1
	Applicant who holds or has held a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa
	1505 (internet); or paper form 1505
	Application:
•        must be made as an Internet application; or
•        if an application cannot be made in the manner specified in paragraph (a), it may be made using the relevant paper form and posted with correct pre-paid postage amount, to:

Protection Visas
Department of Home Affairs
GPO Box 9984
SYDNEY NSW 2001

	2
	Any other applicant
	866 (internet); or paper form 866
