{"id":"F2008L03043","name":"Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)","slug":"social-security-classes-of-refugee-visa-declaration-2008-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":75077,"registerId":"commonwealth-F2008L03043-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)","content":"![](image.001.png)\n\nSocial Security (Classes of Refugee Visa) Declaration 2008 (No. 1)\n\nSocial Security Act 1991\n\nI, JULIA GILLARD, Minister for Education and Minister for Employment and Workplace Relations, make this Declaration under section 25 of the Social Security Act 1991.\n\nDated 7 August 2008\n\n\\[signed\\]\n\nJULIA GILLARD\n\nMinister for Education\n\nMinister for Employment and Workplace Relations\n\n1 Name of Declaration\n\nThis Declaration is the Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1).\n\n2 Commencement\n\nThis Declaration commences 9 August 2008.\n\n3 Interpretation\n\nIn this Declaration:\n\n> Act means the Social Security Act 1991.\n\n4 Declaration of a class of visa\n\nFor section 25 of the Act, subclass 851 of Resolution of Status (Class CD) visa, within the meaning of Schedule 2 to the Migration Regulations 1994, is declared to be a class of visas for the purposes of subparagraph 7 (6B) (c) (iii) of the Act.\n\n> Note Subparagraph 7 (6B) (c) (iii) of the Act provides that a person who is the holder of a permanent visa referred to in a declaration under section 25 of the Act is a refugee for the purposes of section 7 of the Act.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1535},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its narrow, specific purpose of declaring a single visa subclass (subclass 851) to be a class of visa for the purposes of the Social Security Act. It does exactly what the title suggests and has not expanded beyond this technical administrative function."},"complexity_factors":["Very short instrument (only 4 sections)","Single operational provision (section 4)","Only one defined term ('Act')","Simple cross-references to external legislation (Migration Regulations 1994 and Social Security Act 1991)"],"plain_english_summary":"This declaration adds a specific visa type to the list of visas that make someone a **'refugee' under Australia's social security law**.\n\n**What it does**\n- Declares that holders of the **subclass 851 Resolution of Status visa** are recognised as refugees for the purposes of the *Social Security Act 1991*\n- This visa is typically granted to people who are found to be refugees but who entered or remained in Australia without a valid visa (unlawful non-citizens)\n\n**Why it matters**\n- Being classified as a refugee affects eligibility for certain social security payments and benefits\n- Without this declaration, holders of this specific visa type might not qualify for the same assistance as refugees who arrived with valid visas\n- It ensures consistent treatment under social security law for all people recognised as refugees, regardless of how they arrived in Australia"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-classes-of-refugee-visa-declaration-2008-no-1","history":"/api/acts/social-security-classes-of-refugee-visa-declaration-2008-no-1/history","analysis":"/api/acts/social-security-classes-of-refugee-visa-declaration-2008-no-1/analysis","conflicts":"/api/acts/social-security-classes-of-refugee-visa-declaration-2008-no-1/conflicts","importantCases":"/api/acts/social-security-classes-of-refugee-visa-declaration-2008-no-1/important-cases","documents":"/api/acts/social-security-classes-of-refugee-visa-declaration-2008-no-1/documents"}}