Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:1_3:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/3)
Character Range: 1198315–1201170

is also an applicant for a Safe Haven Enterprise (Class XE) visa, intends to work or study while accessing minimum social security benefits in a regional area specified under subclause (4).
 (f) Either:
 (i) the applicant has not made a valid application for a Temporary Protection (Class XD) visa (a TPV); or
 (ii) the applicant has made a valid application for a TPV, and the TPV application has been refused (whether or not it has been finally determined) or withdrawn; or
 (iii) a TPV has been granted to the applicant; or
 (iv) the application for the Safe Haven Enterprise (Class XE) visa is made at the same time as an application for a TPV.
Note 1: A person to whom subparagraph (ii) applies, whose TPV application has been refused, is prevented by section 48A of the Act from making the Safe Haven Enterprise visa application unless the Minister has made a determination in relation to the person under section 48B of the Act.
Note 2: If subparagraph (iv) applies, the TPV application will be invalid: see paragraph 1403(3)(f).
Note 3: TPV/SHEV transition day is defined in regulation 1.03.
 (4) The Minister may, by legislative instrument, specify a regional area for the purposes of these regulations.
Note: See also regulation 2.06AAB (visa applications by holders and certain former holders of safe haven enterprise visas).
 (5) Subclasses:
 790 (Safe Haven Enterprise)

Migration Regulations 1994

Statutory Rules No. 268, 1994
made under the

Migration Act 1958

Compilation No. 274

Compilation date: 1 February 2025

                Includes amendments: F2024L01691

This compilation is in 4 volumes

Volume 1: regulations 1.01–5.45
 Schedule 1
Volume 2: Schedule 2 (Subclasses 010–801)
Volume 3: Schedule 2 (Subclasses 802–995)
 Schedules 3–5, 6D, 7A, 8–10 and 13
Volume 4: Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Migration Regulations 1994 that shows the text of the law as amended and in force on 1 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this