Migration Amendment Regulations 2005 (No. 11)1 Select Legislative Instrument 2005 No. 317
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958. Dated 15 December 2005 P. M. JEFFERY Governor-General By His Excellency’s Command AMANDA VANSTONE Minister for Immigration and Multicultural and Indigenous Affairs
1              Name of Regulations                 These Regulations are the Migration Amendment Regulations 2005 (No. 11). 2              Commencement                 These Regulations commence on the day after they are registered. 3              Amendment of Migration Regulations 1994                 Schedule 1 amends the Migration Regulations 1994.

Schedule 1        Amendment (regulation 3)    [1]           After regulation 2.06 insert in Division 2.1
2.06AA   Decision periods — decisions on protection visas                 For paragraph 65A (1) (d) of the Act, and for paragraph (b) of the definition of decision period in subsection 91Y (10) of the Act, the table sets out:                 (a)    prescribed circumstances; and                (b)    in the prescribed circumstances — the day on which the 90 day period, to which paragraph 65A (1) (d) or paragraph (b) of the definition relates, starts. Note   Under section 65A of the Act, the Minister must make a decision under section 65 of the Act, in relation to a protection visa, within a period of 90 days. In circumstances prescribed by the regulations, the period of 90 days starts on a day prescribed by the regulations. Under paragraph (b) of the definition of decision period in subsection 91Y (10) of the Act, the Secretary must give a report to the Minister about decisions, in relation to protection visas, not made within a period of 90 days. In circumstances prescribed by the regulations, the period of 90 days starts on a day prescribed by the regulations.  
Item
Prescribed circumstance
Day on which the 90 day period starts
1
Both: (a)  an applicant for a Protection (Class XA) visa is the holder of a Subclass 785 (Temporary Protection) visa at the time of decision on the application for the Protection (Class XA) visa; and (b)  the applicant applied for the Protection (Class XA) visa during a continuous period of 30 months during which the applicant has held:        (i)  a Subclass 785 (Temporary Protection) visa; or       (ii)  that visa and another Subclass 785 (Temporary Protection) visa.
If the Minister has specified a shorter period for paragraph 866.228 (b) of Schedule 2 — the first day after the end of the shorter period. If the Minister has not specified a shorter period for paragraph 866.228 (b) of Schedule 2 — the first day after the day on which the applicant has held: (a)  the Subclass 785 (Temporary Protection) visa; or (b)  that visa and another Subclass 785 (Temporary Protection) visa; for a continuous period of 30 months.
2
Both: (a)  an applicant for a Protection (Class XA) visa is the holder of a Subclass 451 (Secondary Movement Relocation (Temporary)) visa at the time of decision on the application for the Protection (Class XA) visa; and (b)  the applicant applied for the Protection (Class XA) visa during a continuous period of 54 months during which the applicant has held that Subclass 451 (Secondary Movement Relocation (Temporary)) visa.
If the Minister has specified a shorter period for paragraph 866.228A (b) of Schedule 2 — the first day after the end of the shorter period. If the Minister has not specified a shorter period for paragraph 866.228A (b) of Schedule 2 — the first day after the day on which the applicant has held the Subclass 451 (Secondary Movement Relocation (Temporary)) visa for a continuous period of 54 months.
3
Both: (a)  an applicant for a Protection (Class XA) visa, or a member of the family unit of an applicant for a Protection (Class XA) visa, has been offered a temporary stay in Australia by the Australian Government for the purpose of an application for a Temporary (Humanitarian Concern) (Class UO) visa, as provided for by regulation 2.07AC; and (b)  the applicant applied for the Protection (Class XA) visa not later than 30 months after the date on which the offer was made.
If the Minister has specified a shorter period for paragraph 866.229 (b) of Schedule 2 — the first day after the end of the shorter period. If the Minister has not specified a shorter period for paragraph 866.229 (b) of Schedule 2 — the first day after the end of the period of 30 months starting on the date on which the offer was made.
Note 1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.