Document ID: chunk:federal_register_of_legislation:C2004A00888:schedule:2:p1
Version: federal_register_of_legislation:C2004A00888
Segment Type: schedule
Provision Reference: sch 2 (pt 1/7)
Character Range: 6768–9624

Schedule 2—Amendment of the Migration Regulations 1994

[1] Schedule 1, item 1127

omit

[2] Schedule 1, Part 4, heading

substitute

Part 4 Protection, Refugee and Humanitarian visas

[3] Schedule 1, after item 1401

insert

1402. Refugee and Humanitarian (Class XB)

 (1) Form:   842.

 (2) Visa application charge:   Nil.

 (3) Other:
 (a) Application must be made outside Australia.
 (b) Applicant must be outside Australia.
 (c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Refugee and Humanitarian (Class XB) visa may be made at the same time and place as, and combined with, the application by that person.

 (4) Subclasses:
  200   (Refugee)
  201   (In‑country Special Humanitarian)
  202   (Global Special Humanitarian)
  203   (Emergency Rescue)
  204   (Woman at Risk)
  447   (Secondary Movement Offshore Entry               (Temporary))
  451   (Secondary Movement Relocation  (Temporary))

[4] Schedule 2, after clause 200.211

insert

200.212 (1)   The applicant, since leaving his or her home country, has not ever resided, for a continuous period of at least 7 days, in a country in which the applicant could have sought and obtained effective protection:
 (a) of the country; or
 (b) through the offices of the United Nations High Commissioner for Refugees located in that country.

 (2)   The Minister may waive the requirement under subclause (1) if the Minister is satisfied that it is in the public interest to do so.

[5] Schedule 2, after clause 202.211

insert

202.212 (1)   The applicant, since leaving his or her home country, has not ever resided, for a continuous period of at least 7 days, in a country in which the applicant could have sought and obtained effective protection:
 (a) of the country; or
 (b) through the offices of the United Nations High Commissioner for Refugees located in that country.

 (2)   The Minister may waive the requirement under subclause (1) if the Minister is satisfied that it is in the public interest to do so.

[6] Schedule 2, after clause 204.212

insert

204.213 (1)   The applicant, since leaving his or her home country, has not ever resided, for a continuous period of at least 7 days, in a country in which the applicant could have sought and obtained effective protection:
 (a) of the country; or
 (b) through the offices of the United Nations High Commissioner for Refugees located in that country.

 (2)   The Minister may waive the requirement under subclause (1) if the Minister is satisfied that it is in the public interest to do so.

[7] Schedule 2, after Part 446

insert

Subclass 447 Secondary Movement Offshore Entry (Temporary)

447.1 Interpretation

Note   member of the family unit is defined in regulation 1.03.

No interpretation provisions specific to this Part.

447.2 Primary criteria