EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR WORK AND HOLIDAY VISA APPLICANTS FROM THAILAND, IRAN, CHILE, TURKEY, UNITED STATES OF AMERICA, MALAYSIA INDONESIA, BANGLADESH, ARGENTINA 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’).
2. Paragraph 1224A(3)(a) of Schedule 1 to the Regulations provides that an applicant for a Work and Holiday (Temporary) (Class US) visa must hold a valid passport issued by a foreign country specified in an Instrument in writing.
3. Paragraph 1224A(3)(aa) of Schedule 1 to the Regulations provides that an application for a Work and Holiday (Temporary) (Class US) visa by a person who holds a valid passport mentioned in paragraph 1224A(3)(a) must be made at an address specified for the country of issue in an Instrument in writing.
4. Paragraph 1224A(3)(ab) of Schedule 1 to the Regulations provides that an applicant for a Work and Holiday (Temporary) (Class US) visa, using form 1208, in a class of persons specified in an Instrument in writing may make his or her application in any foreign country.
5. Paragraph 462.221(c) of Schedule 2 to the Regulations provides that an applicant is the holder of an educational qualification specified in an Instrument in writing, in relation to the foreign country that issued the passport mentioned in paragraph 462.221(aa).
6. Clause 462.214 of Schedule 2 to the Regulations provides that an applicant for a Work and Holiday (Temporary) (Class US) visa hold a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.
7. Clause 462.216 of Schedule 2 to the Regulations provides that the Minister is satisfied that an application for a Work and Holiday (Temporary) (Class US) visa meets the requirements of an arrangement between the Australian Government and the government of a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.
8. The Instrument operates to list the foreign countries with which Australia has a reciprocal Work and Holiday (Subclass 462) visa arrangement and to specify the required educational qualifications, the addresses for lodgement of applications for those applicants, and to specify the class of persons which may make applications in any foreign country.
9. The purpose of this amendment is to include Uruguay as a country that has a Work and Holiday visa arrangement with Australia.
10. 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.
11. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
12. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 14597).
13. The Instrument, IMMI 13/022, commences on 1 March 2013.
Overview
The Migration Regulations 1994, amended by the Migration Regulations 1994 (Arrangements for Work and Holiday Visa Applicants from Thailand, Iran, Chile, Turkey, United States of America, Malaysia, Indonesia, Bangladesh, Argentina and Uruguay) 2013, was introduced to establish a reciprocal arrangement for Work and Holiday (Subclass 462) visas between Australia and specific countries. This legislative instrument was enacted by the Australian Government to formalise the eligibility criteria, application processes, and educational qualifications required for applicants from the listed countries. The objective of the amendment, as stated in the explanatory statement, was to include Uruguay as a country with a Work and Holiday visa arrangement with Australia. The amendment was made under the authority of the Migration Act 1958 and was implemented without the need for consultation as it was deemed minor and non-substantial by the Legislative Instruments Act 2003.
Scope and Application
The Migration Regulations 1994, amended by the instrument IMMI 13/022, specifically pertain to applicants for a Work and Holiday (Temporary) (Class US) visa from foreign countries that have a reciprocal arrangement with Australia. This legislation applies to individuals holding a valid passport issued by one of the specified countries, namely Thailand, Iran, Chile, Turkey, United States of America, Malaysia, Indonesia, Bangladesh, Argentina, and Uruguay. It mandates that such applicants must lodge their visa applications at specified addresses within their country of passport issuance, although certain classes of applicants may lodge their applications in any foreign country. Additionally, the Act stipulates that applicants must hold an educational qualification specified in the Instrument to be eligible for the visa. The geographic reach of this legislation is national, applying across Australia under the Commonwealth jurisdiction. The Act does not explicitly state any exclusions or exemptions, but its applicability is inherently limited to the specific classes of applicants and countries outlined. The application of this Act may be further refined or extended through subordinate instruments made under the authority of the Migration Regulations 1994.
Key Provisions
The primary sections of the Migration Regulations 1994 (Item 1224A and paragraph 462.221(c)) establish the framework for work and holiday visa applicants from specified countries, including Uruguay, and set out the requirements they must meet. Specifically, section 1224A(3)(a) (paragraph 2) mandates that applicants must hold a valid passport issued by one of the listed countries. Section 1224A(3)(aa) (paragraph 3) stipulates that these applicants must submit their visa applications at a specified address for their country of passport issuance. Furthermore, section 1224A(3)(ab) (paragraph 4) allows applicants in specified classes to apply for a visa in any foreign country. Section 462.221(c) (paragraph 5) requires applicants to possess an educational qualification specified in the Regulations. These provisions collectively ensure that applicants from the designated countries meet the eligibility criteria for a Work and Holiday (Temporary) (Class US) visa.
The obligations imposed by these sections require applicants to ensure that their passports are valid and issued by one of the countries listed in the Regulations. They must also submit their visa applications at the designated address for their country of passport issuance, as specified in the Regulations. Additionally, applicants in certain classes have the flexibility to lodge their applications from any foreign country. Furthermore, applicants must hold the specified educational qualifications as outlined in the Regulations. These obligations ensure that the application process is transparent and that applicants meet the necessary requirements to qualify for a Work and Holiday visa.
Failure to comply with the requirements set out in these Regulations can result in various consequences. For instance, submitting an application without a valid passport from one of the specified countries can lead to the application being refused. Similarly, not lodging the application at the specified address can also result in refusal. Additionally, not holding the required educational qualifications can lead to the application being deemed ineligible. The consequences of non-compliance can include the application being rejected, which may have significant implications for the applicant’s plans to travel to and work in Australia temporarily. These provisions underscore the importance of adhering to the stipulated requirements to avoid any potential setbacks in the visa application process.