1404Safe Haven Enterprise (Class XE)

1404  Safe Haven Enterprise (Class XE)  (1) Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (i) for an applicant who is in immigration detention and has not been immigration cleared:       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).  (ba) Either:  (i) the applicant first entered Australia on or after the TPV/SHEV transition day; or  (ii) the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that, as at the TPV/SHEV transition day:  (A) had not been finally determined; or  (B) was the subject of judicial review proceedings that had not been completed.  (c) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Safe Haven Enterprise (Class XE) 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 Safe Haven Enterprise (Class XE) visa is valid only if the person is unable to make a valid application for a Protection (Class XA) visa and:  (i) holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or  (ii) holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or  (iii) holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or  (iv) holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or  (v) did not hold a visa that was in effect on the person’s last entry into Australia; or  (vi) is an unauthorised maritime arrival; or  (vii) was not immigration cleared on the person’s last entry into Australia.  (e) The application includes an indication, in writing, that the applicant, or a member of the same family unit as the applicant who is also an applicant for a Safe Haven Enterprise (Class XE) visa, intends to work or study while accessing minimum social security benefits in a regional area specified under subclause (4).  (f) Either:  (i) the applicant has not made a valid application for a Temporary Protection (Class XD) visa (a TPV); or  (ii) the applicant has made a valid application for a TPV, and the TPV application has been refused (whether or not it has been finally determined) or withdrawn; or  (iii) a TPV has been granted to the applicant; or  (iv) the application for the Safe Haven Enterprise (Class XE) visa is made at the same time as an application for a TPV. Note 1: A person to whom subparagraph (ii) applies, whose TPV application has been refused, is prevented by section 48A of the Act from making the Safe Haven Enterprise visa application unless the Minister has made a determination in relation to the person under section 48B of the Act. Note 2: If subparagraph (iv) applies, the TPV application will be invalid: see paragraph 1403(3)(f). Note 3: TPV/SHEV transition day is defined in regulation 1.03.  (4) The Minister may, by legislative instrument, specify a regional area for the purposes of these regulations. Note: See also regulation 2.06AAB (visa applications by holders and certain former holders of safe haven enterprise visas).  790 (Safe Haven Enterprise)