EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (The Philippines) Instrument (LIN 24/041) 2024
1 The instrument, departmental reference LIN 24/041, is made under paragraph 1224A(3)(a) of Schedule 1 and paragraph 462.221(c) of Schedule 2 to the Migration Regulations 1994 (the Migration Regulations).
2 The instrument amends Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 (F2021L00152) (LIN 21/019) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences on 1 July 2024. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
4 LIN 21/019 specifies the requirements that an applicant must meet to make a valid Subclass 462 (Work and Holiday) visa application in accordance with Schedule 1 to the Migration Regulations. It also specifies educational qualifications required to be met for the grant of the visa under paragraph 462.221(c) of Schedule 2 to the Migration Regulations.
5 Item 1224A of Schedule 1 to the Migration Regulations sets out the requirements for making a valid application for a Work and Holiday (Temporary) (Class US) visa. These requirements include:
- the application must be made using the approved form specified by the Minister in a legislative instrument made under subregulation 2.07(5) (see subitem 1224A(1) of Schedule 1 to the Migration Regulations);
- an applicant must hold a valid passport issued by a foreign country specified in an instrument in writing (see paragraph 1224A(3)(a) of Schedule 1 to the Migration Regulations);
- the application must be made at the place and in the manner specified in a legislative instrument made under subregulation 2.07(5) (see paragraph 1224A(3)(aa) of Schedule 1 to the Migration Regulations); and
- if the applicant is not, and has not previously been in Australia as the holder of a Subclass 462 visa, other than an offshore COVID-19 affected visa, the applicant is to provide evidence they have support for the grant of the visa from the foreign country, unless the applicant is a member of a class of persons specified by the Minister in an instrument in writing (see subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations)).
6 Part 462 of Schedule 2 to the Migration Regulations sets out the criteria that an applicant must satisfy to be granted a Subclass 462 visa. This includes the requirement in paragraph 462.221(c), which provides:
- if the applicant is not, and has not previously been in Australia as the holder of a Subclass 462 visa, other than an offshore COVID-19 affected visa, the applicant is the holder of an educational qualification specified in an instrument in writing in relation to the foreign country that issued the passport mentioned in paragraph 1224A(3)(a) of Schedule 1 to the Migration Regulations.
7 The purpose of this instrument is to amend LIN 21/019 to implement Subclass 462 (Work and Holiday) visa arrangements agreed to by the Australian Government and the Government of the Republic of the Philippines. The instrument amends LIN 21/019 to:
- specify the Philippines as a foreign country for the purpose of paragraph 1224A(3)(a) of Schedule 1 to the Migration Regulations; and
- specify the educational qualifications required for Subclass 462 visa applicants from the Philippines for the purpose of paragraph 462.221(c) of Schedule 2 to the Migration Regulations.
8 Eligibility to apply for a Subclass 462 visa is restricted to applicants who hold a valid passport issued by a foreign country mentioned in a legislative instrument made for paragraph 1224A(3)(a) of Schedule 1 to the Migration Regulations. These amendments enable applicants who hold a valid passport issued by the Republic of the Philippines to apply for a Work and Holiday (Temporary) (Class US) visa.
Consultation
9 The Department engaged in bilateral negotiations with representatives of the Government of the Republic of the Philippines. The negotiations were supported by the Department of Foreign Affairs and Trade. The Prime Minister, the Hon Anthony Albanese MP, announced reciprocal Work and Holiday visa arrangements with the Philippines in a joint statement with His Excellency Ferdinand R Marcos Jr, President of the Republic of the Philippines, in a Joint Leaders Statement on 8 September 2023 during the Prime Minister’s visit to the Philippines. This instrument gives effect to a Memorandum of Understanding and agreement between the parties for the Work and Holiday visa arrangements to commence on 1 July 2024.
10 The Office of Impact Analysis (OIA) was consulted and considered that a detailed Impact Analysis was not required. The OIA reference number is OIA24-06953.
Details of the instrument
11 Details of the instrument are set out in the Attachment.
Parliamentary scrutiny etc.
12 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because instruments made under Part 2 of the Migration Regulations are prescribed as being exempt from disallowance under paragraph 44(2)(b) of the Legislation Act. This exemption is provided for by table item 20 in regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
13 The instrument was made by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs in accordance with the Migration Regulations.
Attachment
Details of the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (The Philippines) Instrument (LIN 24/041) 2024
1 Section 1 provides that the name of the instrument is the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (The Philippines) Instrument (LIN 24/041) 2024.
2 Section 2 provides the instrument commences on 1 July 2024.
3 Section 3 provides the instrument is made under paragraph 1224(3)(a) of Schedule 1 and paragraph 462.221(c) of Schedule 2 to the Migration Regulations 1994 (the Migration Regulations).
4 Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Item 1 of Schedule 1 to the instrument amends the table in subsection 4(2) of Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 (LIN 21/019) by inserting the Republic of the Philippines into the table of foreign countries. Eligibility to apply for, and to be granted, a Subclass 462 visa is restricted to applicants who hold a valid passport issued by any of the foreign countries mentioned in subsection 4(2). See paragraph 1224A(3)(a) of Schedule 1, and paragraphs 462.221(aa) and 462.221A(b) of Schedule 2 to the Migration Regulations.
6 Item 2 of Schedule 1 to the instrument amends Schedule 2 to LIN 21/019, inserting the educational qualifications required for applicants who hold a valid passport issued by the Philippines. Under paragraph 462.221(c), if the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa, other than an offshore COVID‑19 affected visa, the applicant must hold an educational qualification specified in an instrument in writing for the paragraph. The specified educational qualification for passport holders from the Philippines is:
- tertiary qualifications; or
- successful completion of at least 2 years of undergraduate study or post-secondary education.