EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR WORK AND HOLIDAY AND WORKING HOLIDAY VISA APPLICATIONS 2015

(Items 1224A and 1225 and paragraph 462.221(c))

1. Instrument IMMI 15/146 is made under subregulation 2.07(5) of the
   Migration Regulations 1994 (the Regulations), for Items 1224A and 1225 of Schedule 1 to the Regulations and paragraph 462.221(c) of Schedule 2 to the Regulations.
2. The Instrument revokes IMMI 15/116 (F2015L01437) under 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.
3. The purpose of the Instrument is
   1. to include Slovak Republic and Slovenia in the list of countries that are considered to be work and holiday visa eligible countries;
   2. to include the educational qualifications relevant to applicants of
      Slovak Republic and Slovenia;
   3. to specify for applicants of Slovak Republic and Slovenia the address to which an application much be made for making valid applications for Work and Holidays (Temporary)(Class US) – Subclass 462 (Work and Holiday) visa.
4. The Instrument operates to:
   1. specify the approved forms; the way in which an application can be made and the place and manner in which an application for a visa must be made for specific classes of person;
   2. specify the following for applicants applying for a Subclass 462 visa:

1. the passport an applicant must hold to make a valid application;
2. that those applying on form 1208, and who hold a specified passport must make their application at the specified address;
3. educational qualifications applicable to an applicant from each country.
4. that applicants holding passports issued by China or the United States of America are a class of persons who do not have to provide evidence of government support for the grant of a Work and Holiday (subclass 462) visa; and
5. that an applicant holding a passport issued by the Islamic Republic of Iran may apply for a further subclass 462 visa if they are in Australia and have previously held not more than two subclass 462 visas;

c.              specify the class of persons who are eligible to apply for a Working Holiday (subclass 417) visa and the conditions that they must meet to make a valid visa application. Only nationals of countries with which Australia has a reciprocal Working Holiday arrangement are eligible to apply.

5.             Consultation was undertaken before the instrument was made with the Government of Slovenia, and the Government of the Slovak Republic.

6.             The Senior Executive Service, Band one, Temporary Visa Programme Branch was delegated the powers contained in subitem 1224A(1), subitem 1225(1) and Paragraph 462.221(c) of Schedule 2 to the Regulations in Instrument of Delegation DEL 15/090, signed on 30 June 2015.

7.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19369).

8.             Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

9.             The Instrument IMMI 15/146 commences on 1 January 2016.