S3.10 Permanent resident visas for refugees and protected persons (26/03/2012)

1. Mandated refugees who meet the requirements at S3.22 may be granted permanent resident visas.
2. Immigration officers may, at their discretion, grant permanent resident visas to "Convention" refugees and protected persons (see C5.15.1).
3. All refugee claimants who are recognised as having refugee status may apply for a permanent resident visa on the basis of that recognition.
4. Protection claimants who are recognised as having protection status may apply for a permanent resident visa on the basis of that recognition, unless, in determining any refugee or protection claim they made, one or more of the following applied:
   1. they were excluded from being granted refugee status by Article 1F of the Refugee Convention;
   2. they have had a refugee claim or subsequent refugee claim not accepted for consideration on the basis of sections 134(3) or 140(1)(b) of the Immigration Act 2009;
   3. a refugee and protection officer has determined there are serious reasons for considering a protected person has committed an act as outlined in section 137(2) of the Immigration Act 2009.
5. Protected persons to whom S3.10(d) applies will have their immigration status determined by the Minister of Immigration.
6. Applicants eligible to apply for a permanent resident visa may include dependants in the application in accordance with residence instructions (see R2).

Effective 26/03/2012