1401Protection (Class XA)

1401  Protection (Class XA)  (1) Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).   Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.  Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.  (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Protection (Class XA) visa may be made at the same time and place as, and combined with, the application by that person.  (d) An application by a person for a Protection (Class XA) visa is valid only if the person:  (i) does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; and  (ia) does not hold, and has not ever held, a Safe Haven Enterprise (Class XE) visa; and  (ii) does not hold, and has not ever held, a Temporary Safe Haven (Class UJ) visa; and  (iii) does not hold, and has not ever held, a Temporary (Humanitarian Concern) (Class UO) visa; and  (iv) held a visa that was in effect on the person’s last entry into Australia; and  (v) is not an unauthorised maritime arrival; and  (vi) was immigration cleared on the person’s last entry into Australia.  (3A) If an application for a Protection (Class XA) visa made by a person would (apart from this subitem) be invalid only because subparagraph (3)(d)(iv) is not satisfied, the application is taken to be valid if:  (a) the person was born in the migration zone; and  (b) a parent of the person was an unlawful non‑citizen at the time of the person’s birth; and  (c) the parent was a lawful non‑citizen at the last time before the person’s birth when the parent entered the migration zone.  866 (Protection)