EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR WORK AND HOLIDAY VISA APPLICANTS FROM THAILAND, IRAN, CHILE, TURKEY, UNITED STATES OF AMERICA, MALAYSIA AND INDONESIA
(ITEM 1224A 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 for the purposes of a Work and Holiday arrangement, specify the educational qualifications and specify visa lodgement addresses. The purpose of this amendment is to specify Indonesia as a Work and Holiday arrangement country and specify that nationals from Indonesia must lodge their visa application at the specified address and hold educational qualifications specified in an Instrument.
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. 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.
9. The Instrument, IMMI 09/065, commences on 1 July 2009.