EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR WORK AND HOLIDAY VISA APPLICANTS FROM THAILAND, IRAN, CHILE, TURKEY, UNITED STATES OF AMERICA, MALAYSIA INDONESIA AND BANGLADESH
(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 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 change the visa lodgement (street) address for Malaysia.
9. 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.
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. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 12324).
12. The Instrument, IMMI 11/016, commences on 15 May 2011.
Overview
The Migration Regulations 1994 were enacted to regulate various aspects of migration to Australia, including the conditions for temporary visas such as the Work and Holiday (Temporary) (Class US) visa. This legislative instrument, F2011L00653, amends the Migration Regulations 1994 to address the specific requirements for applicants from certain countries under a reciprocal Work and Holiday visa arrangement. The amendment aims to update the list of eligible countries, specify required educational qualifications, and adjust the address for visa applications from Malaysia. This instrument was introduced by the Australian Government to streamline the application process for eligible applicants and to maintain the integrity of bilateral agreements with participating countries. The policy objective is to facilitate temporary work and holiday experiences for young people from specified countries while ensuring that the application process adheres to the stipulated requirements.
Scope and Application
The Instrument under the Migration Regulations 1994 outlines specific requirements and arrangements for Work and Holiday (Temporary) (Class US) visa applicants from Thailand, Iran, Chile, Turkey, the United States of America, Malaysia, Indonesia, and Bangladesh. This legislation applies to individuals who hold a valid passport issued by one of these countries and intend to apply for a Work and Holiday visa. It specifies that such applicants must hold certain educational qualifications, as stipulated in the Instrument, and must submit their applications either at a designated address within their country of passport issuance or, for certain classes of applicants, in any foreign country. This flexibility in application locations is governed by the provisions in the Regulations, particularly under paragraphs 1224A(3)(a), 1224A(3)(aa), and 1224A(3)(ab) of Schedule 1. The Instrument also amends the visa lodgement address for Malaysia, ensuring that applicants from this country follow the correct procedures for lodging their visa applications. This legislative instrument operates nationally within Australia and is made under the authority granted by the Migration Regulations 1994. The Instrument does not require consultation or a Regulatory Impact Statement, as it is considered a minor amendment under section 18(1) of the Legislative Instruments Act 2003.
Key Provisions
The Migration Regulations 1994, specifically in relation to the Work and Holiday (Temporary) (Class US) visa, require applicants to meet certain criteria (1224A(3)(a)). Firstly, applicants must hold a valid passport from a country listed in the Regulations (1224A(3)(a)). Secondly, they must submit their application at an address designated for their country of passport issuance (1224A(3)(aa)). Additionally, certain applicants may submit their applications from any foreign country (1224A(3)(ab)). The Regulations also detail specific educational qualifications that applicants must hold, corresponding to the country of their passport (462.221(c)). These provisions ensure that the visa applicants meet the necessary standards and follow the correct procedural steps for application.
The obligations under the Migration Regulations 1994 impose specific duties on applicants for the Work and Holiday (Temporary) (Class US) visa. Applicants must ensure they have a valid passport from a country listed in the Regulations, and they must lodge their applications at the correct address specified for their passport country (1224A(3)(aa)). Additionally, applicants must meet the specified educational qualifications relevant to their passport country (462.221(c)). These requirements ensure that the applicants comply with the stipulated conditions set forth by the Australian Government.
The Regulations do not explicitly list offences or penalties within the text provided. However, it is understood that failure to comply with the provisions of the Migration Regulations 1994 could lead to the rejection of an application or other administrative consequences. It is also important to note that any breach of Australian immigration laws could result in broader civil or criminal penalties, although these are not detailed within the specific sections referenced. Applicants are encouraged to ensure they meet all requirements to avoid any potential issues with their visa application.