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LIN 21/080
Migration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021
I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subsection 1402(3C) of Schedule 1 to the Migration Regulations 1994 (the Regulations).
Dated 15 November 2021

Alex Hawke
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

1 Name
       This instrument is the Migration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021.

2 Commencement
       This instrument commences on the day after registration.

3 Definitions
       In this instrument:
Act means the Migration Act 1958.
subclass 449 visa means a Subclass 449 Humanitarian Stay (Temporary) visa.
Note Section 46 of the Acts Interpretation Act 1901 applies to this instrument, meaning that terms defined in the Act and Regulations have the same meaning in this instrument, including member of the immediate family and member of the family unit.

4 Class of persons
       (1)For paragraph 1402(3B)(b) of Schedule 1 to the Regulations, an applicant for a Refugee and Humanitarian (Class XB) visa is in a class of persons if the applicant is of a kind mentioned in subsection (2) or (3).
       (2)The applicant has been granted a subclass 449 visa due to any of the following:
(a) the deteriorating security situation in Afghanistan (the main 449 visa holder);
(b) being a member of the immediate family of a main 449 visa holder at the time that the main 449 visa holder was granted that visa;
(c) being a member of the family unit of a main 449 visa holder;
(d) being a member of the immediate family of a subclass 449 visa holder referred to in paragraph (b).
       (3)The applicant:
(a) is a child born in Australia who is taken to be granted a subclass 449 visa by operation of section 78 of the Act; and
(b) is the child of an applicant mentioned in subsection (2).