MIGRATION ACT 1958 - SECT 35A Protection visas--classes of visas

MIGRATION ACT 1958 - SECT 35A

  (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.

  (3A)   There is a class of temporary visas to be known as safe haven enterprise visas.

  (3B)   The purpose of safe haven enterprise visas is both to provide protection and to encourage enterprise through earning and learning while strengthening regional Australia.

Note:   If a person satisfies the requirements for working, study and accessing social security prescribed for the purposes of paragraph   46A(1A)(c), section   46A will not bar the person from making a valid application for any of the onshore visas prescribed for the purposes of paragraph   46A(1A)(b). This does not include permanent protection visas.

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Note:   This section commenced, and subsection   36(1) was repealed, on the commencement of Part   1 of Schedule   2 to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 .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