Specification of Regional Areas for Safe Haven Enterprise Visa

Migration Regulations (LIN 18/081: Specification of Regional Areas for a Safe Haven Enterprise Visa) Instrument 2018

The new Migration Regulations (LIN 18/081: Specification of Regional Areas for a Safe Haven Enterprise Visa) Instrument 2018 was registered on 6 December 2018 and commences on 7 December 2018. According to the explanatory statement:

3. The instrument operates to specify under subitem 1404(4) of Schedule 1 to the Regulations, a regional area within Australia through the use of their corresponding postcode for the purposes of a Subclass 790 (Safe Haven Enterprise) visa.

4. The Class XE visa is a temporary protection visa granted to non-citizens who have been assessed as engaging Australia’s protection obligations and who have met other requirements including, but not limited to health, security and character. A requirement of the Class XE visa includes the applicant providing an indication, in writing, that they, or a member of their family unit who is also an applicant for a Class XE visa, intends to work or study in a regional area.

5. For the purposes of subparagraph 2.06AAB(2)(a)(i) of the Regulations, the instrument specifies regional areas within which an applicant must be engaged in employment. For the purposes of subparagraph 2.06AAB(2)(a)(ii) of the Regulations, the instrument specifies regional areas within which an educational institution, where the applicant is enrolled in full time study, must be located. The instrument identifies regional areas by the corresponding postcode of those areas.

6. The purpose of the instrument is to specify thirty-three additional regional areas in Victoria and Western Australia that were not specified as regional areas in the previous instrument, IMMI 17/129. The additional specified regional areas, identified by their corresponding postcodes, are listed below:

3328 3557 3572 3783 6069
3330 3559 3612 3810
3331 3561 3620 3812
3332 3562 3621 3813
3333 3563 3622 3814
3334 3564 3623 3815
3342 3565 3624 6055
3360 3566 3781 6056

 


Disclaimer: the above is a mere tentative analysis of a legislative instrument. The views there expressed might not reflect the views of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.


Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au

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