EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

 (SUBPARAGRAPH 1224A(3)(c)(iii))

1. This Instrument is made under subparagraph 1224A(3)(c)(iii) of Part 2 of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).

2.                  Paragraph 1224A(3)(c) of the Regulations provides that for a Subclass 462 (Work and Holiday) visa holder to make a valid application for a further Subclass 462 visa they must:

(i)                 be in Australia, but not in immigration clearance; and

(ii)               have previously held not more than 2 Subclass 462 (Work and Holiday) visas; and

(iii)             be a member of a class of persons specified by the Minister, by an instrument in writing, for this subparagraph.

3.                  The purpose of the Instrument is to specify a class of persons who can make a valid application for a further Subclass 462 (Work and Holiday) visa, subject to satisfying the requirements of subparagraphs 1224A(3)(c)(i) and (ii).

4. The Instrument operates to specify holders of passports issued by the Islamic Republic of Iran as a class of persons for the purposes of subparagraph 1224A(3)(c)(iii). Iranian passport holders are therefore eligible to apply for up to three successive Subclass 462 (Work and Holiday) visas.

5. Consultation was undertaken before the Instrument was made as follows:

• International Cooperation Branch, DIAC;
• Legal Division, DIAC; and
• Australian Government Solicitor.

6. The Instrument, IMMI 07/038, commences on 1 July 2007.