The purpose of the instrument is to ensure that:
- persons who currently hold,or have ever held, a Subclass 786 Humanitarian Concern visa for whom the Minister has lifted the bar in section 91K of the Act and who have made an application for a Protection (Class XA) visa within 7 working days of being given notice that the Minister has lifted the bar under section 91L of the Act, are exempt from satisfying the Minister that there is an acceptable reason for the delay in applying for a Protection (Class XA) visa under subparagraph 050.212(8)(c)(i) of Schedule 2 to the Regulations; and
- persons who currently hold, or have ever held a Subclass 785 Temporary Protection visa and who make an application for a Protection (Class XA) visa are specified,for the purposes of section 91K of the Act,as a class of persons,under subparagraph 050.232(8)(c)(ii) of Schedule 2 to the Regulations,who are exempt from satisfying the Minister of an acceptable reason for a delay in applying for that visa.This ensures continuity in permission and therefore the ability to work for persons who are both Protection (Class XA) visa applicants and Resolution of Status (Class CD) visa applicants and are transitioning to a Subclass 851 (Resolution of Status) visa.
Source: LIN19061.pdf and LIN19061-Explanatory-Statement.pdf