EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR WORK AND HOLIDAY VISA APPLICANTS FROM THAILAND, IRAN, CHILE, TURKEY, UNITED STATES OF AMERICA AND MALAYSIA
(SUBITEM 1224A(3) AND PARAGRAPH 462.221(c))
- This Instrument is made under paragraphs 1224A(3)(a), 1224(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.
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 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 relation to the foreign country that issued the passport mentioned in paragraph 462.221(aa).
6. The purpose of the Instrument is to list the foreign countries, specify the educational qualifications and specify visa lodgement addresses. The purpose of this amendment is to specify that Malaysian applicants must hold tertiary qualifications, or have successfully completed at least two years of undergraduate university study and specify that nationals from Malaysia must lodge their visa application at the specified address.
7. 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.
8. Consultations were undertaken with the Departments of Prime Minister and Cabinet, Foreign Affairs and Trade, Education, Employment and Workplace Relations, Finance and Deregulation, Treasury and the Malaysian Ministry of Home Affairs.
9. The Instrument, IMMI 09/0004, commences on 1 February 2009.