Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)
Schedule 2 Protection visas and other measures
Part 4 Permanent protection visas and temporary protection visas
Division 1 Main amendments
Migration Regulations 1994
30 At the end of Schedule 1
Add:
1403. Temporary Protection (Class XD)
(1) Form: 866.
(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 Temporary Protection (Class XD) 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 Temporary Protection (Class XD) 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 Temporary Safe Haven (Class UJ) visa; or
(iii) holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or
(iv) did not hold a visa that was in effect on the person's last entry into Australia; or
(v) is an unauthorised maritime arrival; or
(vi) was not immigration cleared on the person's last entry into Australia.
(4) Subclasses:
785(Temporary Protection)