Applications for Resolution of Status (Class CD) visas
2.07AQ Applications for Resolution of Status (Class CD) visas
For subsection 46(2) of the Act, a Resolution of Status (Class CD) visa is a prescribed class of visa.
An application for a Resolution of Status (Class CD) visa is taken to have been validly made by a person only if the requirements of subregulation (3) or item 1127AA of Schedule 1 have been met.
The requirements of this subregulation are met for a person if the criteria set out in at least 1 of the items of the table are satisfied.
Item | Criterion 1 | Criterion 2 | Criterion 3 | Criterion 4 |
|---|---|---|---|---|
1 | The person makes a valid application for a Protection (Class XA) visa | The person holds: (a) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or | Nil | Nil |
(b) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or | ||||
(c) a Subclass 695 (Return Pending) visa | ||||
2 | The person makes a valid application for a protection visa | The person held, but no longer holds, a visa of a kind mentioned in criterion 2 of item 1, or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008, and the visa was not cancelled | The person: (a) has not left Australia; or (b) while holding a visa that permits re‑entry to Australia, has left and re‑entered Australia | The person does not hold a permanent visa |
3 | The person holds: (a) a Temporary Safe Haven (Class UJ) visa; or (b) a Temporary (Humanitarian Concern) (Class UO) visa | An offer of a permanent stay in Australia is made to the person by the Australian Government | The person indicates to an authorised officer that he or she accepts the offer of a permanent stay in Australia | The authorised officer endorses, in writing, the person’s acceptance of the offer |
4 | The person is a member of the family unit of a person who is taken to have made a valid application as a result of satisfying the criteria in item 3 | An offer of a permanent stay in Australia is made to the person by the Australian Government | The person indicates to an authorised officer that he or she accepts the offer of a permanent stay in Australia | The authorised officer endorses, in writing, the person’s acceptance of the offer |
5 | The circumstance specified in subregulation (3A) exists for the person | An offer of a permanent stay in Australia is made to the person by the Australian Government | The person indicates to an authorised officer that he or she accepts the offer of a permanent stay in Australia | The authorised officer endorses, in writing, the person’s acceptance of the offer |
The circumstance specified in this subregulation exists for a person if the Minister has issued a certificate stating that, by reason of the High Court’s decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152:
if the person is in the migration zone:
the person has been released from immigration detention; or
the person has not been taken into immigration detention; or
the person, based on the information known to the Minister at the date of the certificate, will not be taken into immigration detention; or
otherwise—the Minister is satisfied, based on the information known to the Minister at the date of the certificate, that the person could not be detained under section 189 of the Act if the person were in the migration zone.
The Minister, an officer of the Department or another person may collect, use and disclose personal information for the purposes of informing:
a decision by the Minister whether to issue a certificate of the kind mentioned in subregulation (3A) in relation to a person; or
a decision by the Australian Government whether or not to make an offer of a permanent stay in Australia to a person:
in relation to whom the Minister has issued such a certificate; or
for whom, by reason of the High Court’s decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152, the fact mentioned in subparagraph (3A)(a)(i) or (ii) exists.
If:
the application for the Resolution of Status (Class CD) visa is taken to have been validly made because the criteria in item 1 or 2 of the table in subregulation (3) have been satisfied; and
the application for the Protection (Class XA) visa mentioned in the item was made before 9 August 2008;
the application is taken to have been made on 9 August 2008.
If:
the application for the Resolution of Status (Class CD) visa is taken to have been validly made because the criteria in item 1 or 2 of the table in subregulation (3) have been satisfied; and
the application for the protection visa mentioned in the item is made on or after 9 August 2008;
the application is taken to have been made when the application for the protection visa is made.
If the application for the Resolution of Status (Class CD) visa is taken to have been validly made because the criteria in item 3, 4 or 5 of the table in subregulation (3) have been satisfied, the application is taken to have been made when the authorised officer endorses the person’s acceptance of the offer as described in the item.
Subregulation (2) applies whether or not the applicant holds, or held, a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa, a Subclass 451 (Secondary Movement Relocation (Temporary)) visa, a Subclass 695 (Return Pending) visa or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008 that is, or was, subject to a condition mentioned in paragraph 41(2)(a) of the Act relating to the making of applications for other visas.
This Act’s bill:Explanatory statement
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