Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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:
ï‚· it is an application for a class of visa that is prescribed for that subsection; and
ï‚· 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.