EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR WORK AND HOLIDAY VISA APPLICANTS FROM ARGENTINA, BANGLADESH, CHILE, INDONESIA, IRAN, MALAYSIA, POLAND, THAILAND, TURKEY, UNITED STATES OF AMERICA AND Uruguay
(Item 1224A and paragraph 462.221(c))
- This Instrument is made under paragraphs 1224A(3)(a), 1224A(3)(aa), 1224A(3)(ab), 462.221(c) of the Migration Regulations 1994 (‘the Regulations’). The Instrument revokes Instrument IMMI 13/022, (F2013L00174), signed on 23 January 2013.
2. The Instrument operates to specify the following for applicants applying for a Work and Holiday (Subclass 462) visa:
- The passport an applicant must hold to make a valid application;
- Those applying on form 1208, and who hold a specified passport must make their application at the specified address;
- Those applying on form 1208, who may make their application in any foreign country; and
- Educational qualifications applicable to each country.
3. The Instrument gives effect to the various MOU countries with which Australia has a reciprocal Work and Holiday (Subclass 462) visa agreement.
4. The purpose of this amendment is to include Poland as a country that has a Work and Holiday visa arrangement with Australia.
5. Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. 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.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 16884).
8. The Instrument, IMMI 14/025, commences on 1 August 2014.
Overview
The Migration Regulations 1994, amended by the instrument F2014L01064, address the need for updated arrangements for Work and Holiday (Subclass 462) visa applicants from several countries, including the recent inclusion of Poland. This legislative instrument was enacted to formalise the reciprocal work and holiday visa agreements between Australia and specific countries, ensuring clarity and precision in the application process for prospective visa holders. The instrument revokes a previous version (IMMI 13/022) to incorporate the latest agreements, streamlining the visa application process and aligning with the updated reciprocal arrangements. It was introduced by the Australian Government and operates under the authority granted by the Migration Regulations 1994, with the policy objective of facilitating smoother and more efficient visa applications for eligible applicants from the specified countries.
Scope and Application
The Migration Regulations 1994, specifically amended by Instrument IMMI 14/025, apply to applicants for a Work and Holiday (Subclass 462) visa from Argentina, Bangladesh, Chile, Indonesia, Iran, Malaysia, Poland, Thailand, Turkey, the United States of America, and Uruguay. This legislation outlines the requirements for applicants from these countries, including the passports they must hold, the forms they must use, the locations where they can submit their applications, and the educational qualifications required. The regulations implement reciprocal visa agreements between Australia and the specified countries, ensuring a streamlined process for eligible applicants. This Instrument revokes the previous Instrument IMMI 13/022, which was in place until 31 July 2014, and introduces Poland as a new country with a Work and Holiday visa arrangement with Australia. The application of these regulations is confined to those engaging in the conduct outlined and does not extend beyond the geographic boundaries of Australia. Exemptions or exclusions from these regulations are not explicitly mentioned, but the application is subject to the terms and conditions set forth in the MOU agreements with each respective country.
Key Provisions
The key provisions of this legislation revolve around the requirements and processes for applicants from specified countries seeking a Work and Holiday (Subclass 462) visa (sections 2 and 3). Applicants must hold a passport from one of the specified countries (section 2) and must apply using the specified form (1208) at the designated address if they hold a particular passport, or they may apply in any foreign country if they meet certain criteria (section 2). Additionally, there are specific educational qualifications that vary by country (section 2). These provisions are designed to implement the reciprocal Work and Holiday visa arrangements that Australia has with the listed countries, including the recent addition of Poland (section 4).
The obligations imposed on the applicants under these regulations include ensuring they hold the correct passport, apply using the correct form, and meet the educational qualifications as specified for their country. They must also comply with the application address requirements if applicable (section 2). These obligations are crucial to maintain the integrity of the visa process and ensure that applicants are aware of and comply with the specific stipulations of their country’s agreement with Australia.
Failure to comply with the regulations can lead to various consequences. While the legislation does not explicitly state penalties, non-compliance with visa application requirements can generally result in the application being rejected, which could prevent the applicant from obtaining the visa. In more severe cases, misrepresentation or fraud in the application process could lead to civil or criminal penalties, including fines or imprisonment, under broader migration laws. However, the specific consequences would depend on the nature and extent of the breach.