Amendment to Subclass 866 - Protection Visas to Allow for Flexibility in the Status of Applicants

9 November 2009 Legislation Change

Client summary

From 9 November 2009, the Migration Regulations 1994 (the Regulations) are amended to allow, in the case of an application for a Protection visa lodged by a family unit, the interchange of status between applicants who make specific claims for protection (the claimant) and those who rely on the claims of the primary applicant (members of the same family unit). In addition, the Regulations are to be amended to allow an unborn child, not listed as a member of the same family unit when an application for a Protection visa is lodged, to be granted a Protection visa after birth as a member of the same family unit.

The first measure will allow applicants who have, when an initial Subclass 866 visa application is made, been members of the same family unit as a person (the claimant), who claims to be a person to whom Australia has protection obligations under the Refugees Convention, and has made specific claims under the Refugees Convention, to make specific claims in their own right.

The second measure will permit an unborn child to be granted a Protection visa after birth as a member of the same family unit, in the same manner as any other person listed as a member of the same family unit, of the claimant at the time of decision.

Affected legislation

The following provisions of the Regulations are amended:

• Schedule 2, Part 866, paragraph 866.221(b)
• Schedule 2, Part 866, clause 866.221
• Schedule 2, Part 866, clause 866.222
• Schedule 2, Part 866, clause 866.230.

Additional information

Nil.

Transitional provisions

The proposed amendment will apply to applications made, but not finally determined (within the meaning of section 5(9) of the Migration Act 1958) before 9 November 2009, and any application for a Protection visa made on or after 9 November 2009.

Forms

Nil.

Instructions

PAM3: PAM3 will be updated to reflect these changes by 9 November 2009.