Migration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021 (Cth)

LIN 21/043

Migration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021

I, Maria Dias, delegate of the Minister for Home Affairs, make this instrument under the Migration Regulations 1994 (the Regulations).

Dated 22 June 2021

Maria Dias

A/g Senior Executive Service, Band One

Immigration, Integrity, Assurance and Policy Division

Department of Home Affairs

1Name

                 This instrument is the Migration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021.

2          Commencement

                 This instrument commences on 1 July 2021.

3          Definitions

                 In this instrument:

VAC means visa application charge.

Note 1       For the meaning of COVID-19 affected visa—see the Regulations, r 1.15P.

Note 2       For the meaning of visa application charge—see Migration Act 1958, s 5.

4Visa application charge—Subclass 417 (Working Holiday) visa

        (1)     This section specifies a class of persons for whom the VAC amount is nil.

        (2)     For subregulation 2.07(5) and subparagraph 1225(2)(a)(i) of Schedule 1 to the Regulations, an applicant for a Subclass 417 (Working Holiday) visa is in the class of persons mentioned in subsection (1) if both of the following apply:

(a)   the applicant’s last held visa is a COVID-19 affected visa;

(b)   the applicant has not made an application, for another Subclass 417 (Working Holiday) visa for which the VAC amount was nil, that:

             (i)  is not finalised; or

            (ii)  has been refused.

5          Visa application charge—Subclass 462 (Work and Holiday) visa

        (1)     This section specifies a class of persons for whom the VAC amount is nil.

        (2)     For subregulation 2.07(5) and subparagraph 1224A(2)(a)(i) of Schedule 1 to the Regulations, an applicant for a Subclass 462 (Work and Holiday) visa is in the class of persons mentioned in subsection (1) if both of the following apply:

(a)   the applicant’s last held visa is a COVID-19 affected visa;

(b)   the applicant has not made an application, for another Subclass 462 (Work and Holiday) visa for which the VAC amount was nil, that:

             (i)  is not finalised; or

            (ii)  has been refused.