Migration Regulations 1994

For subsection 46(2) of the Act, a Referred Stay (Permanent) (Class DH) visa is a prescribed class of visa.

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:

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.

The requirements of this subregulation are met for a referred stay applicant if:

the referred stay applicant is in Australia; and

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

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

the Minister’s certificate is in force; and

the referred stay applicant:

is not a subject of the investigation mentioned in the Minister’s certificate; and

is not a subject of a prosecution that commenced directly as a result of that investigation; and

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

an offer of stay in Australia is made to the referred stay applicant by an authorised officer; and

the referred stay applicant indicates in writing that he or she accepts the offer, not later than:

28 days after the referred stay applicant is taken to have received the offer; or

a later date determined by an authorised officer.

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.

A certificate mentioned in paragraph (3)(b) may be issued by a person authorised by the Minister for the purpose.

The requirements of this subregulation are met for a referred stay applicant (the first applicant) if:

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

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).

For subregulation (5), the first applicant may be in or outside Australia.