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.
Overview
The Migration Regulations 1994 were amended in 2009 to facilitate a Work and Holiday visa arrangement for applicants from several countries, including Indonesia. This legislative instrument, titled "Arrangements for Work and Holiday Visa Applicants from Thailand, Iran, Chile, Turkey, United States of America, Malaysia and Indonesia," was introduced to address the specific requirements for applicants from these countries. Made under the authority of the Migration Act 1958, the primary objective of this amendment was to establish Indonesia as a participating country in the Work and Holiday visa arrangement, while also specifying the educational qualifications and the addresses where visa applications must be lodged. The instrument ensures that applicants from Indonesia meet the criteria for participation in the programme and adhere to the prescribed application processes.
Scope and Application
This Instrument under the Migration Regulations 1994 pertains specifically to applicants for a Work and Holiday (Temporary) (Class US) visa from certain specified countries, including Indonesia, and delineates the requisite educational qualifications and application processes for these applicants. It applies to individuals who are citizens of the listed countries, holding a valid passport issued by one of these nations, and who wish to apply for the designated visa. The geographic reach of this legislation is effectively national, as it involves the application process for foreign nationals seeking entry into Australia. The Instrument provides that applicants from these countries must lodge their visa applications at specified addresses and meet certain educational criteria. Additionally, it allows certain classes of applicants to submit their applications from any foreign country, subject to the conditions outlined in the regulations. The scope of the legislation is confined to the administrative and procedural aspects of visa applications under the Work and Holiday visa arrangement, and it does not extend to other types of visas or immigration matters.
Key Provisions
The main operative sections of this Instrument under the Migration Regulations 1994 pertain to the Work and Holiday (Temporary) (Class US) visa, particularly for applicants from specific countries including Indonesia (paragraph 1224A(3)(a)). This provision requires that an applicant must hold a valid passport from one of the specified countries to be eligible for this visa. Additionally, paragraph 1224A(3)(aa) stipulates that the visa application must be made at an address designated for the country of passport issuance, as specified in the Instrument. Paragraph 1224A(3)(ab) further allows applicants from specified classes to lodge their applications in any foreign country. Lastly, paragraph 462.221(c) requires that applicants must hold an educational qualification specified in the Instrument, in relation to the country that issued their passport.
The obligations imposed by the Act on the parties it governs include ensuring that visa applicants from specified countries hold the requisite valid passports and educational qualifications. Furthermore, applicants must lodge their visa applications at the addresses specified for their country of passport issuance. The Instrument also outlines that certain classes of applicants may submit their applications from any foreign country. These requirements are designed to streamline the visa application process for eligible applicants and ensure that all applicants meet the specified criteria.
Any breaches of these provisions could result in serious consequences. If an applicant does not meet the eligibility criteria, such as holding the required passport or educational qualifications, their visa application may be rejected. Additionally, lodging an application at an incorrect address may lead to delays or denial of the application. While specific penalties for non-compliance are not detailed in this explanatory statement, general immigration laws may apply, which could include fines or deportation for providing false information or engaging in fraudulent activities related to the visa application process.