Commonwealth legislation

Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This declaration adds a specific visa type to the list of visas that make someone a 'refugee' under Australia's social security law.

What it does

Declares that holders of the subclass 851 Resolution of Status visa are recognised as refugees for the purposes of the Social Security Act 1991
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)

Why it matters

Being classified as a refugee affects eligibility for certain social security payments and benefits
Without this declaration, holders of this specific visa type might not qualify for the same assistance as refugees who arrived with valid visas
It ensures consistent treatment under social security law for all people recognised as refugees, regardless of how they arrived in Australia

JSON API Migration / citizenship

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Current sections

Direct links to the current provisions in Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1).

Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)

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Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)

Social Security Act 1991

I, JULIA GILLARD, Minister for Education and Minister for Employment and Workplace Relations, make this Declaration under section 25 of the Social Security Act 1991.

Dated 7 August 2008

[signed]

JULIA GILLARD

Minister for Education

Minister for Employment and Workplace Relations

1 Name of Declaration

This Declaration is the Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1).

2 Commencement

This Declaration commences 9 August 2008.

3 Interpretation

In this Declaration:

Act means the Social Security Act 1991.

4 Declaration of a class of visa

For 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.

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.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)

Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)

Social Security Act 1991

I, JULIA GILLARD, Minister for Education and Minister for Employment and Workplace Relations, make this Declaration under section 25 of the Social Security Act 1991.

Dated 7 August 2008

[signed]

JULIA GILLARD

Minister for Education

Minister for Employment and Workplace Relations

1 Name of Declaration

This Declaration is the Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1).

2 Commencement

This Declaration commences 9 August 2008.

3 Interpretation

In this Declaration:

Act means the Social Security Act 1991.

4 Declaration of a class of visa

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.