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 1   Protection visas generally

Migration Act 1958

5   After section 35

Insert:

35A Protection visas - classes of visas

(1) A protection visa is a visa of a class provided for by this section.

(2) There is a class of permanent visas to be known as permanent protection visas.

Note: These visas were classified by the Migration Regulations 1994 as Protection (Class XA) visas when this section commenced.

(3) There is a class of temporary visas to be known as temporary protection visas.

Note: These visas were classified by the Migration Regulations 1994 as Temporary Protection (Class XD) visas when this section commenced.

(4) Regulations made for the purposes of subsection 31(1) may prescribe additional classes of permanent and temporary visas as protection visas.

(5) A class of visas that was formerly provided for by subsection 36(1), as that subsection was in force before the commencement of this section, is also a class of protection visas for the purposes of this Act and the regulations.

Example: An example of a class of visas for subsection (5) is the class of visas formerly classified by the Migration Regulations 1994 as Protection (Class AZ) visas. These visas can no longer be granted.

Note: This section commenced, and subsection 36(1) was repealed, on the commencement of Part 1 of Schedule 2 to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014.

(6) The criteria for a class of protection visas are:

(a) the criteria set out in section 36; and

(b) any other relevant criteria prescribed by regulation for the purposes of section 31.

Note: See also Subdivision AL.