Refugee and Humanitarian (Class XB)

Note: Subregulation 2.07AM(3) sets out requirements for the making of applications by persons who are mentioned in subregulation 2.07AM(5).

(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(2) Visa application charge:

(a) first instalment (payable at the time the application is made):

(i) for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:

(ii) for any other applicant:

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application. Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.

(b) second instalment (payable before grant of visa):

Second instalment Item Applicant Amount 1 Applicant: $7 270

(a) whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2; and

(b) who satisfies the primary criteria for the grant of the visa

2 Applicant: Nil

(a) whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2; and

(b) who satisfies the secondary criteria for the grant of the visa

3 Any other applicant Nil

(3) Other:

(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(b) Applicant must be outside Australia unless the applicant is covered by subitem (3B).

(ba) Applicant must not be a person mentioned in subregulation 2.07AM(5).

(c) Application by a person (the family member) claiming to be a member of the family unit of a person (the first applicant) who is an applicant for a Refugee and Humanitarian (Class XB) visa:

(i) if subparagraph (ii) does not apply—may be made at the same time and place as, and combined with, the application by the first applicant; or

(ii) if the first applicant is covered by subitem (3B) and the family member is not covered by subitem (3B)—may not be made at the same time and place as, and combined with, the application by the first applicant.

(3A) In addition to subitem (3), for an application that includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:

(a) the applicant may be a person who made a valid application for a visa, in accordance with form 842, before 1 June 2013 (whether or not the application was accompanied by form 681); and

(b) the application must include form 1417, completed by the approved proposing organisation; and

(c) an application that includes a proposal by an approved proposing organisation must not include form 681.

(3B) An applicant is covered by this subitem if, at the time the application is made, the applicant:

(a) holds a Subclass 449 (Humanitarian Stay (Temporary)) visa; and

(b) is in a class of persons specified by the Minister in a legislative instrument made under subitem (3C).

(3C) The Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (3B)(b) if the Minister is satisfied that doing so is appropriate to assist persons residing temporarily in Australia as a result of Australia’s response to the humanitarian crisis in Afghanistan in 2021.