EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/022: ARRANGEMENTS FOR WORK AND HOLIDAY AND WORKING HOLIDAY VISA APPLICATIONS) AMENDMENT INSTRUMENT 2017
(1224A(3)(a), 1224A(3)(aa), and 462.221(c))
- Instrument IMMI 17/022 is made under paragraphs 1224A(3)(a) and 1224A(3)(aa) of Schedule 1 to the Migration Regulations 1994 (the Regulations), and paragraph 462.221(c) of Schedule 2 to the Regulations.
- The instrument amends IMMI 17/003 (F2016L02011) under paragraphs 1224A(3)(a) and 1224A(3)(aa) of Schedule 1 to the Regulations and paragraph 462.221(c) of Schedule 2 to the Regulations in accordance with subsection 33(3) of the
Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. - The operation of the instrument is to specify matters in relation to the making of an application for a Work and Holiday (Temporary) (Class US) visa and criteria to be decided at the time of decision.
- The purpose of the instrument to:
a) specify Vietnam as a foreign country for paragraph 1224A(3)(a) of Schedule 1 to the Regulations, enabling Vietnamese passport holders to make an application for a Work and Holiday (Temporary) (Class US) visa;
b) specify for Vietnamese applicants the place and manner for making an application for a Work and Holiday (Temporary) (Class US) visa; and
c) specify the educational qualifications to be held by a Vietnamese applicant at the time their application is decided.
5. In March 2015, the governments of Australia and Vietnam signed a Memorandum of Understanding to enable Vietnamese passport holders to apply for a Work and Holiday (Temporary) (Class US) visa. In developing this Memorandum of Understanding and prior to making this instrument, consultation was undertaken with the government of Vietnam.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement not required (OBPR Reference 18328).
7. The officer (Senior Executive Service, Band two, Visa and Citizenship Management Division) who made the instrument was delegated the powers required to make the instrument in Instrument of Delegation DEL 16/067, signed on 9 November 2016.
8. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
9. The instrument commences 1 March 2017.
Overview
The Migration Regulations 1994, amended by the Migration (IMMI 17/022: Arrangements for Work and Holiday and Working Holiday Visa Applications) Amendment Instrument 2017 (F2017L00140), was introduced to address the specific needs of Vietnamese passport holders seeking to apply for a Work and Holiday (Temporary) (Class US) visa. Enacted by the Parliament of Australia under the authority of the Migration Act 1958, the policy objective of this amendment is to formalise the process for Vietnamese citizens to apply for a temporary work and holiday visa, thereby facilitating cultural exchange and temporary work opportunities between Australia and Vietnam. The instrument was developed following a Memorandum of Understanding between the two countries, signed in March 2015, and specifies Vietnam as a foreign country eligible for this visa, outlines the application process for Vietnamese applicants, and details the educational qualifications required at the time of the application decision. The instrument came into effect on 1 March 2017.
Scope and Application
The Migration (Immi 17/022: Arrangements for Work and Holiday and Working Holiday Visa Applications) Amendment Instrument 2017 applies to Vietnamese passport holders who wish to make an application for a Work and Holiday (Temporary) (Class US) visa, as well as the processes and criteria for these applications. The instrument amends the Migration Regulations 1994, specifying Vietnam as a foreign country for the purposes of these visa applications, outlining the specific locations and methods through which Vietnamese applicants can submit their visa applications, and setting the educational qualifications required for applicants at the time their applications are decided. This instrument operates under the authority of the Migration Act 1958 and is subject to the conditions and powers conferred by the Acts Interpretation Act 1901, which allows for the amendment or variation of existing instruments. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning no Statement of Compatibility with Human Rights is required. The instrument commenced on 1 March 2017, formalising the arrangements agreed upon in the 2015 Memorandum of Understanding between Australia and Vietnam.
Key Provisions
The Migration (Immi 17/022: Arrangements for Work and Holiday and Working Holiday Visa Applications) Amendment Instrument 2017 amends the Migration Regulations 1994, establishing specific provisions for Vietnamese passport holders seeking to apply for a Work and Holiday (Temporary) (Class US) visa. Section 1 of the instrument specifies Vietnam as a foreign country under paragraph 1224A(3)(a) of Schedule 1 to the Regulations, allowing Vietnamese passport holders to apply for the visa. Section 2 of the instrument details the specific requirements for Vietnamese applicants, including the designated location and method for submitting their application, while section 3 specifies the educational qualifications that applicants must possess at the time their application is decided.
The instrument imposes several obligations on Vietnamese applicants. Firstly, applicants must ensure that their applications are submitted in accordance with the specified procedures and locations outlined in the Regulations. This includes adhering to any prescribed forms, providing necessary documentation, and meeting any additional criteria stipulated by the instrument. Secondly, applicants must meet the educational qualification requirements outlined in the instrument, ensuring that they possess the specified qualifications at the time their application is being decided. Compliance with these obligations is essential for the successful processing and consideration of visa applications.
Breach of the provisions set out in the instrument may result in various consequences, including administrative, civil, and criminal penalties. For instance, submitting an application that does not comply with the specified requirements may lead to the application being rejected or delayed. Furthermore, providing false or misleading information in the application process may result in administrative penalties, such as fines or cancellation of the visa. In severe cases, where the breach involves criminal conduct, such as fraud or identity theft, applicants may face criminal charges and associated penalties, including imprisonment. The specific penalties for each type of breach are determined by the relevant laws and regulations governing the administration of the Migration Regulations 1994.