Commonwealth Consolidated Regulations

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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.

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