{"id":"F2021L01569","name":"Migration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021","slug":"migration-class-of-persons-refugee-and-humanitarian-class-xb-visa-instrument-lin-21-080-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102151,"registerId":"commonwealth-F2021L01569-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 21/080\n\nMigration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021\n\nI, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subsection 1402(3C) of Schedule 1 to the Migration Regulations 1994 (the Regulations).\n\nDated 15 November 2021\n\nAlex Hawke\n\nMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs\n\n1 Name\n\nThis instrument is the Migration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021.\n\n2 Commencement\n\nThis instrument commences on the day after registration.\n\n3 Definitions\n\nIn this instrument:\n\n> Act means the Migration Act 1958.\n\n> subclass 449 visa means a Subclass 449 Humanitarian Stay (Temporary) visa.\n\n> Note Section 46 of the Acts Interpretation Act 1901 applies to this instrument, meaning that terms defined in the Act and Regulations have the same meaning in this instrument, including member of the immediate family and member of the family unit.\n\n4 Class of persons\n\n(1)For paragraph 1402(3B)(b) of Schedule 1 to the Regulations, an applicant for a Refugee and Humanitarian (Class XB) visa is in a class of persons if the applicant is of a kind mentioned in subsection (2) or (3).\n\n(2)The applicant has been granted a subclass 449 visa due to any of the following:\n\n(a) the deteriorating security situation in Afghanistan (the main 449 visa holder);\n\n(b) being a member of the immediate family of a main 449 visa holder at the time that the main 449 visa holder was granted that visa;\n\n(c) being a member of the family unit of a main 449 visa holder;\n\n(d) being a member of the immediate family of a subclass 449 visa holder referred to in paragraph (b).\n\n(3)The applicant:\n\n(a) is a child born in Australia who is taken to be granted a subclass 449 visa by operation of section 78 of the Act; and\n\n(b) is the child of an applicant mentioned in subsection (2).","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves its original narrow purpose: creating a specific eligibility class for Afghan humanitarian entrants following the 2021 crisis. It has not expanded beyond this targeted cohort."},"complexity_factors":["Very short instrument: only 4 sections and 1 page","Only 2 defined terms in the instrument itself (plus inherited definitions)","Simple structure: straightforward eligibility criteria with no nested conditions or exceptions","No cross-references to other legislation beyond basic enabling provisions","Clear, linear logic: if you're in category (2) or (3), you're in the class of persons"],"plain_english_summary":"This instrument establishes a special pathway allowing certain Afghan nationals who arrived on temporary humanitarian visas (subclass 449) during the November 2021 evacuation crisis — together with their immediate and broader family members and children born in Australia — to apply for a permanent Refugee and Humanitarian (Class XB) visa in Australia.\n\nIt matters because it lets those temporary visa holders transition to permanent protection, providing legal stability and security they otherwise lacked."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument specifies and thereby defines the class of persons for paragraph 1402(3B)(b) of Schedule 1 to the Regulations. It limits that class to holders of Subclass 449 visas granted due to Afghanistan's deteriorating security, their immediate family and family unit members, and children born in Australia who are children of those applicants, clarifying who may be treated as the class for XB visa consideration."},"complexity_factors":["Short, single-purpose instrument but relies on multiple cross‑references (Migration Act 1958, Migration Regulations 1994, Acts Interpretation Act 1901)","Uses defined legal terms (\"immediate family\", \"family unit\") whose scope is set elsewhere, requiring cross-checking","Condition based on reason for earlier visa grant (\"deteriorating security situation in Afghanistan\") introduces factual dependency on prior decision records","Includes special operation for children born in Australia via section 78 of the Act, creating a linked but distinct eligibility path","Made under delegated ministerial power (subsection 1402(3C)), so implementation depends on administrative interpretation and recordkeeping"],"plain_english_summary":"This instrument declares which people count as a single \"class of persons\" for eligibility to apply for a Refugee and Humanitarian (Class XB) visa. Mechanically, it makes people who hold (or are family of holders of) a Subclass 449 Humanitarian Stay (Temporary) visa granted because of the deteriorating security situation in Afghanistan — plus certain children born in Australia to those people — eligible to be treated as that class. The Minister made the instrument under subsection 1402(3C), so it changes who may be considered together for XB visa purposes."}},"importantCases":[],"_links":{"self":"/api/acts/migration-class-of-persons-refugee-and-humanitarian-class-xb-visa-instrument-lin-21-080-2021","history":"/api/acts/migration-class-of-persons-refugee-and-humanitarian-class-xb-visa-instrument-lin-21-080-2021/history","analysis":"/api/acts/migration-class-of-persons-refugee-and-humanitarian-class-xb-visa-instrument-lin-21-080-2021/analysis","conflicts":"/api/acts/migration-class-of-persons-refugee-and-humanitarian-class-xb-visa-instrument-lin-21-080-2021/conflicts","importantCases":"/api/acts/migration-class-of-persons-refugee-and-humanitarian-class-xb-visa-instrument-lin-21-080-2021/important-cases","documents":"/api/acts/migration-class-of-persons-refugee-and-humanitarian-class-xb-visa-instrument-lin-21-080-2021/documents"}}