Amendment of the Definition of 'Permanent Humanitarian Visa to Include Resolution of Status (Class CD) visas

Made on 5 December, effective 9 August 2008

Client summary

From 5 December 2008, the Migration Regulations 1994 (‘the Regulations’) are amended to make a minor technical amendment to insert a reference to the Resolution of Status (Class CD) visa in the definition of permanent humanitarian visa in Regulation 1.03. This measure will have retrospective effect from 9 August 2008.

Affected legislation

The following provisions of the Regulations are amended:

Part 1 – Regulation 1.03
New paragraph (aa) in the definition of permanent humanitarian visa

Additional information:

The Resolution of Status (Class CD) visa was inserted in the Migration Amendment Regulations 2008 (No 5) as a consequence of the abolition of Temporary Protection Visas (TPVs) that commenced on 9 August 2008.

Following the commencement of the Migration Amendment Regulations 2008 (No.5) it became apparent that a further amendment to the Regulations was required to include the new Resolution of Status (Class CD) visa in the definition of ‘permanent humanitarian visa’ to ensure holders have the same benefits and entitlements as holders of Subclass 866 (Protection) visas.

The definition of ‘permanent humanitarian visa’ in Regulation 1.03 of the Regulations has therefore been amended to ensure that holders of a Resolution of Status (Class CD) visa are eligible to all the benefits and entitlements envisaged by the Government at the time of the abolition of TPVs and creation of the Resolution of Status (Class CD) visa.

Transitional provisions:

The amendment is taken to have commenced on 9 August 2008.

Forms: Nil.

Instructions: PAM 3 will be amended to reflect these changes by 5 December 2008.