Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)
Schedule 2 Protection visas and other measures
Part 1 Protection visas
Division 2 Safe haven enterprise visas
Migration Regulations 1994
18D At the end of Schedule 1
Add:
1404. Safe Haven Enterprise (Class XE)
(1) Form: 790.
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for an applicant who is in immigration detention and has not been immigration cleared:
First instalment |
||
---|---|---|
Item |
Component |
Amount |
1 |
Base application charge |
Nil |
2 |
Additional applicant charge for an applicant who is at least 18 |
Nil |
3 |
Additional applicant charge for an applicant who is less than 18 |
Nil |
(ii) for any other applicant:
First instalment |
||
---|---|---|
Item |
Component |
Amount |
1 |
Base application charge |
$35 |
2 |
Additional applicant charge for an applicant who is at least 18 |
Nil |
3 |
Additional applicant charge for an applicant who is less than 18 |
Nil |
Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.
(b) the second instalment (payable before grant of visa) is nil.
(3) Other:
(a) Application must be made in Australia.
(b) Applicant must be in Australia.
(c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Safe Haven Enterprise (Class XE) visa may be made at the same time and place as, and combined with, the application by that person.
(d) An application by a person for a Safe Haven Enterprise (Class XE) visa is valid only if the person:
(i) holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or
(ii) holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or
(iii) holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or
(iv) holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or
(v) did not hold a visa that was in effect on the person's last entry into Australia; or
(vi) is an unauthorised maritime arrival; or
(vii) was not immigration cleared on the person's last entry into Australia.
(e) An application by a person for a Safe Haven Enterprise (Class XE) visa is valid only if the person indicates in writing an intention to work or study while accessing minimum social security benefits in a regional area specified under subclause (4).
(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)