A/HRC/35/25/Add.3 Authority will instead conduct an appeal of the decision only on the basis of the existing documents before the Department of Immigration and Border Protection. The Immigration Assessment Authority does not conduct hearings and can only consider new information in “exceptional circumstances”, and if either the new information could not have been provided at the time of the initial decision, or it is “credible personal information” which, had it been known, may have affected the initial consideration of the claim. The Refugee Review Tribunal has been superseded by the Migration and Refugee Division of the Administrative Appeals Tribunal. A merits review by the Migration and Refugee Division requires the applicant to apply for it (as did the Refugee Review Tribunal). It is not automatic. (iv) Introduction of safe haven enterprise visas: The safe haven enterprise visa is valid for up to five years, during which time the visa holder must work or study in a specified regional area. Asylum seekers who arrive in Australia irregularly (whether by boat or by plane), who were not immigration-cleared upon their last arrival in Australia and/or who previously held temporary visas are eligible to apply for a safe haven enterprise visa. If a holder of a safe haven enterprise visa does not receive any social security benefits for a period totalling 42 months (which need not be continuous) and/or is engaged in employment or full-time study in the specified regional area, he or she may be eligible to apply for a range of general migration visas, such as family, skilled or student visas — but not humanitarian visas. (v) Reclassification of children of asylum seekers who arrived by boat: Since December 2014, children born in Australia or a “regional processing country” (Nauru or Papua New Guinea) whose parents arrived as asylum seekers by boat are now considered to be “transitory persons” and “unauthorized maritime arrivals”. Consequently, they are now subject to the same policies and restrictions that apply to asylum seekers who arrived by boat, including offshore processing and denial of access to permanent protection in Australia. This change applies retrospectively, to children who were born before the “legacy caseload” act came into effect in December 2014. (g) The Australian Border Force Act 2015, in which it is stated that an “entrusted person” can be jailed for two years for disclosing “protected information”. An “entrusted person” is the Secretary of the Department of Immigration and Border Protection, the Australian Border Force Commissioner and all staff of the Department of Immigration and Border Protection, and may include contractors, such as those working in immigration detention centres. The definition of “protected information” encompasses any information obtained by a Department of Immigration and Border Protection worker in his or her capacity as a Department of Immigration and Border Protection worker. Unauthorized disclosure is only permissible if it is “necessary to prevent or lessen a serious threat to the life or health of an individual” and the disclosure is “for the purposes of preventing or lessening that threat” (sect. 48). Section 42 sets out a range of circumstances where disclosure will not be an offence, including where the disclosure is required or authorized by law. 2. Refugee and Humanitarian Programme 25. The Refugee and Humanitarian Programme has two important functions: Onshore protection 26. The onshore component of the Refugee and Humanitarian Programme is aimed at providing options for people who are in Australia and wish to apply for protection. Offshore resettlement 27. The offshore resettlement component comprises two categories of permanent visas. These are: (a) The refugee visa, for people who are subject to persecution in their home country, who are typically outside their home country and are in need of resettlement. 7