# Applications for Refugee and Humanitarian (Class XB) visas

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

2.07AM Applications for Refugee and Humanitarian (Class XB) visas
          (1) For subsection 46(2) of the Act, a Refugee and Humanitarian (Class XB) visa is
              a prescribed class of visa.
          (2) An application for a Refugee and Humanitarian (Class XB) visa is taken to have
              been validly made by a person only if the requirements in subregulation (3) or
              item 1402 of Schedule 1 have been met.
          (3) The requirements are that:
               (a) the person is a person mentioned in subregulation (5); and
               (b) the Minister has invited the person to make an application for a Refugee
                   and Humanitarian (Class XB) visa; and
               (c) the person indicates to an authorised officer that he or she accepts the
                   invitation; and
               (d) the authorised officer endorses, in writing, the person’s acceptance of the
                   invitation.
          (4) An application made under paragraph 1402(3)(a) of Schedule 1 is taken to have
              been made outside Australia.
          (5) For paragraph (3)(a), the person is:
               (a) a person who:









                       (i) between 13 August 2012 and before the commencement of this
                           subparagraph, entered Australia at an excised offshore place after the
                           excision time for that place; and
                      (ii) became an unlawful non-citizen because of that entry; or
                 (b) a person who, on or after 13 August 2012, was taken to a place outside
                     Australia under paragraph 245F(9)(b) of the Act; or
                 (c) a person who, on or after the commencement of this paragraph, is an
                     unauthorised maritime arrival.
               Note:      For paragraph (c), see section 5AA of the Act.