Refugee and Humanitarian (Class XB)
1402 Refugee and Humanitarian (Class XB)
Subregulation 2.07AM(3) sets out requirements for the making of applications by persons who are mentioned in subregulation 2.07AM(5).
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
Visa application charge:
first instalment (payable at the time the application is made):
for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:
First instalment | ||
|---|---|---|
Item | Component | Amount |
1 | Base application charge | $570 |
2 | Additional applicant charge for an applicant who is at least 18 | Nil |
3 | Additional applicant charge for an applicant who is less than 18 | Nil |
for any other applicant:
First instalment | ||
|---|---|---|
Item | Component | Amount |
1 | Base application charge | Nil |
2 | Additional applicant charge for an applicant who is at least 18 | Nil |
3 | Additional applicant charge for an applicant who is less than 18 | Nil |
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.
second instalment (payable before grant of visa):
Second instalment | ||
|---|---|---|
Item | Applicant | Amount |
1 | Applicant: (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 | $7 270 |
2 | Applicant: (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 | Nil |
3 | Any other applicant | Nil |
Other:
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).
Applicant must be outside Australia unless the applicant is covered by subitem (3B).
Applicant must not be a person mentioned in subregulation 2.07AM(5).
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:
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
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.
In addition to subitem (3), for an application that includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:
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
the application must include form 1417, completed by the approved proposing organisation; and
an application that includes a proposal by an approved proposing organisation must not include form 681; and
the application, and any applications by family members combined with that application under paragraph (3)(c), do not cause the approved proposing organisation to exceed the limit (if any) on the number of applicants specified for the organisation in an instrument made under subitem (3D).
An applicant is covered by this subitem if, at the time the application is made, the applicant:
holds a Subclass 449 (Humanitarian Stay (Temporary)) visa; and
is in a class of persons specified by the Minister in a legislative instrument made under subitem (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.
The Minister may, by legislative instrument, specify, for an approved proposing organisation, a limit on the number of applicants that the approved proposing organisation may propose in a financial year.
Without limiting subitem (3D), such an instrument may make provision for working out which applicants are to be counted, and which applicants are to be disregarded, in determining whether the specified limit would be exceeded.
Subclasses:
200 (Refugee)
201 (In‑country Special Humanitarian)
202 (Global Special Humanitarian)
203 (Emergency Rescue)
204 (Woman at Risk)
This Act’s bill:Explanatory statement
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