Migration Regulations 1994

For subsection 46(2) of the Act, a Refugee and Humanitarian (Class XB) visa is a prescribed class of visa.

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.

The requirements are that:

the person is a person mentioned in subregulation (5); and

the Minister has invited the person to make an application for a Refugee and Humanitarian (Class XB) visa; and

the person indicates to an authorised officer that he or she accepts the invitation; and

the authorised officer endorses, in writing, the person’s acceptance of the invitation.

An application made under paragraph 1402(3)(a) of Schedule 1 is taken to have been made outside Australia.

For paragraph (3)(a), the person is:

a person who:

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

became an unlawful non‑citizen because of that entry; or

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

a person who, on or after the commencement of this paragraph, is an unauthorised maritime arrival.

For paragraph (c), see section 5AA of the Act.