Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.