Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021,dated11 November 2021, amends the Migration Regulation 1994, to allow the evacuees from Afghanistan holding subclass 449 Humanitarian Stay Temporary visa to lodge applications for refugee and Humanitarian (Class XB) visa for permanent residence while onshore which in normal circumstances, can only be applied for by, and granted to, applicants who are outside Australia.
In-Country Special Humanitarian Subclass 201 visa is used to implement Australia’s offshore humanitarian visa program which requires the applicant to be outside Australia, however, due to the crisis in Afghanistan, the government has created an exception to the requirement for visa applicants to be offshore to access the Subclass 201 visa. However, applicants will need to meet standard public interest criteria relating to health and character, and also criteria requiring that permanent settlement in Australia is appropriate for the individual and is not contrary to the interests of Australia. The concession allowing the onshore application for, and grant of, Subclass 201 In-country Special Humanitarian visas, will only apply to holders of Subclass 449 Humanitarian Stay (Temporary) visas. The members of the family holding Subclass449 visa and onshore can make a combined application.
It also includes a transitional provision which allows a Refugee and Humanitarian (Class XB)subclass 200, 201,202,203, 204visa applied for, outside Australia before the commencement of the regulations to be granted to an applicant who is in Australia due to the Afghan crisis and who holds or has held a Subclass 449 visa.
The Instrument is registered on the Federal Register of legislation on 12 November 2021 and commenced on 13 November 2021. It is currently in force.
To access the Instrument, click here.
