Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:1_3
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 1188310–1190661

3                  Any other applicant                                                                                                       Nil

 (3) Other:
 (a) 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).
 (b) Applicant must be outside Australia unless the applicant is covered by subitem (3B).
 (ba) Applicant must not be a person mentioned in subregulation 2.07AM(5).
 (c) 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:
 (i) 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
 (ii) 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.
 (3A) In addition to subitem (3), for an application that includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:
 (a) 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
 (b) the application must include form 1417, completed by the approved proposing organisation; and
 (c) an application that includes a proposal by an approved proposing organisation must not include form 681.
 (3B) An applicant is covered by this subitem if, at the time the application is made, the applicant:
 (a) holds a Subclass 449 (Humanitarian Stay (Temporary)) visa; and
 (b) is in a class of persons specified by the Minister in a legislative instrument made under subitem (3C).
 (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.
 (4) Subclasses:
 200 (Refugee)
 201 (In‑country Special Humanitarian)
 202 (Global Special Humanitarian)
 203 (Emergency Rescue)
 204 (Woman at Risk)