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 This is the 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