# Applications for Referred Stay (Permanent) (Class DH) visas

> reg-2.07AK — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.07AK Applications for Referred Stay (Permanent) (Class DH) visas
          (1) For subsection 46(2) of the Act, a Referred Stay (Permanent) (Class DH) visa is
              a prescribed class of visa.
               Note:    Section 46 of the Act sets out the circumstances in which an application for a visa is
                        valid. Under subsection 46(2) of the Act, an application for a visa is valid if:
                             it is an application for a class of visa that is prescribed for that subsection; and
                             under the regulations, the application is taken to have been validly made.

          (2) An application for a visa of a class mentioned in subregulation (1) is taken to
              have been validly made by a person (a referred stay applicant) only if the
              requirements of subregulation (3) or (5) are met.
          (3) The requirements of this subregulation are met for a referred stay applicant if:
               (a) the referred stay applicant is in Australia; and
               (b) the Minister has, after taking into account information provided by a
                    member of the Australian Federal Police of the substantive rank of
                    Commander, or above, issued a certificate in relation to the referred stay
                    applicant; and
               (c) the Minister’s certificate is to the effect that the referred stay applicant
                    made a contribution to, and cooperated closely with, an investigation in
                    relation to another person who was alleged to have engaged in human
                    trafficking, slavery or slavery-like practices; and
               (d) the Minister’s certificate is in force; and
               (e) the referred stay applicant:
                      (i) is not a subject of the investigation mentioned in the Minister’s
                          certificate; and
                     (ii) is not a subject of a prosecution that commenced directly as a result of
                          that investigation; and
                (f) the Minister is satisfied that the referred stay applicant would be in danger
                    if he or she returned to his or her home country; and
               (g) an offer of stay in Australia is made to the referred stay applicant by an
                    authorised officer; and
               (h) the referred stay applicant indicates in writing that he or she accepts the
                    offer, not later than:
                      (i) 28 days after the referred stay applicant is taken to have received the
                          offer; or
                     (ii) a later date determined by an authorised officer.
               Note:    See section 494C of the Act for when a person is taken to have received a document
                        given by one of the methods specified in section 494B of the Act.

          (4) A certificate mentioned in paragraph (3)(b) may be issued by a person authorised
              by the Minister for the purpose.
          (5) The requirements of this subregulation are met for a referred stay applicant (the
              first applicant) if:









                 (a) another referred stay applicant (the second applicant) is taken to have
                     validly made an application for a visa of a class mentioned in
                     subregulation (1) in accordance with subregulation (3); and
                 (b) the second applicant identifies the first applicant as being a member of the
                     immediate family of the second applicant in the second applicant’s written
                     acceptance under paragraph (3)(h).
          (6) For subregulation (5), the first applicant may be in or outside Australia.