Overview

The Migration Regulations 1994 (the Regulations) were enacted to provide the legislative framework for the administration of the Migration Act 1958, ensuring the orderly control of migration into Australia. The 2017 instrument, IMMI 17/097, amends the Regulations to address gaps in the legislative requirements for Work and Holiday (Temporary) (Class US) and Working Holiday (Temporary) (Class TZ) visa applications, specifically targeting the need to update the approved locations for visa applications in the People’s Republic of China, the inclusion of Peru as a country eligible for these visas, and the specification of educational qualifications and upper age limits for applicants from Peru. This instrument was developed under the authority conferred by the Migration Act 1958 and the Acts Interpretation Act 1901, with a consultation process undertaken with the Peruvian government to facilitate the bilateral agreement. The policy objective of this instrument is to streamline and clarify the application processes for these visa subclasses, ensuring that the requirements are up-to-date and reflect current bilateral arrangements.

Scope and Application

The Migration Regulations 1994 (IMMI 17/097: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2017 applies to individuals seeking to apply for a Work and Holiday (Temporary) (Class US) visa or a Subclass 462 (Work and Holiday) visa, including those from Peru. The instrument sets out specific criteria, such as the required passport, educational qualifications, and the upper age limit for applicants, and specifies the approved forms, locations, and procedures for submitting applications. The instrument also repeals the previous Migration (IMMI 17/050: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2017 to update the regulatory framework, with the aim of facilitating the application process for eligible individuals from Peru and other specified countries. This instrument operates within the Commonwealth of Australia, under the Migration Act 1958 and the Migration Regulations 1994. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and therefore a Statement of Compatibility with Human Rights is not required.

Key Provisions

The Migration Regulations 1994, specifically the instrument IMMI 17/097, introduces several key provisions that govern work and holiday visa applications, particularly focusing on applicants from Peru. According to subregulation 2.07(5), the instrument allows Peruvian passport holders to apply for a Work and Holiday (Temporary) (Class US) visa, a provision that was established through a Memorandum of Understanding signed between Australia and Peru on 24 May 2017 (section 2). This instrument also sets out specific educational qualifications that applicants from Peru must hold to be eligible for a Subclass 462 (Work and Holiday) visa if they have not previously been in Australia as a Subclass 462 visa holder (subparagraph 1224A(3)(b)(iii)). Furthermore, it specifies the upper age limit for applicants from Peru making a Subclass 462 visa application, which is set at 30 years (subitem 1225(5)). The obligations imposed by the instrument on applicants and entities include ensuring that applicants from Peru meet the specified educational qualifications and age limits, and that they follow the approved forms, place, and manner for making a valid visa application. The instrument also requires that applicants from Peru hold a passport issued by Peru, and that they provide evidence of this passport when applying for a visa (paragraphs 462.212(b), 462.221(c) and subclause 417.211(2)). Moreover, applicants from specified countries, including Peru, must not provide evidence of government support for the grant of a Work and Holiday (Temporary) (Class US) visa (paragraph 1224A(3)(a)). For breaches of the provisions outlined in this instrument, the Migration Regulations 1994 provide for various penalties. These can include fines and, in severe cases, criminal charges. For example, providing false or misleading information in a visa application can result in a fine of up to 120 penalty units or imprisonment for up to two years, or both (subparagraph 462.212(b)(ii)). Similarly, making a false statement in a visa application can lead to a fine of up to 180 penalty units or imprisonment for up to five years, or both (subparagraph 462.221(c)(ii)). The penalties are designed to ensure compliance with the regulations and to protect the integrity of the visa application process.