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.
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:
- add Bangladesh as a Work and Holiday arrangement country;
- specify that nationals from Bangladesh must lodge their visa application at an address specified in the instrument;
- specify that nationals from Bangladesh must hold educational qualifications specified in the 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 Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required because there is little or no compliance cost on business and no other impacts on business and individuals or the economy or on competition.
10. The Instrument, IMMI 10/050, commences on 31 December 2010.
Overview
The Migration Regulations 1994 were amended in 2010 to include arrangements for work and holiday visa applicants from additional countries, specifically Thailand, Iran, Chile, Turkey, the United States of America, Malaysia, Indonesia, and Bangladesh. This legislative amendment was introduced to facilitate a reciprocal work and holiday visa arrangement with these countries, enabling their citizens to apply for a Work and Holiday (Temporary) (Class US) visa under specific conditions. The policy objective is to formalise and regulate the process for these applicants, ensuring they meet the necessary criteria, such as holding a valid passport from a specified country and possessing particular educational qualifications. The enacting body for these amendments is the Australian government, reflecting its intention to streamline the visa application process for citizens of these countries, thereby encouraging cultural exchange and temporary employment opportunities.
Scope and Application
The Migration Regulations 1994, through the instrument F2010L03167, provide specific arrangements for applicants seeking a Work and Holiday (Temporary) (Class US) visa from certain countries, including the addition of Bangladesh to the list of countries with which Australia has a reciprocal arrangement. This legislation applies to individuals who hold a valid passport from the specified countries—Thailand, Iran, Chile, Turkey, United States of America, Malaysia, Indonesia, and now Bangladesh—and who are seeking to apply for a Work and Holiday visa. The regulations outline that applicants from these countries must meet certain criteria, such as holding specified educational qualifications and lodging their visa application at an address specified in the instrument. Furthermore, the regulations permit certain applicants to submit their visa applications in any foreign country, not necessarily in their home country. This legislative instrument has a national reach within Australia and is made under specific sections of the Migration Regulations 1994, indicating that it is subject to the Commonwealth's legislative authority. The instrument does not require consultation or a Regulatory Impact Statement, as it is deemed to be of a minor or machinery nature and does not substantially alter existing arrangements or impose significant compliance costs.
Key Provisions
The primary provisions of the Migration Regulations 1994, as amended, establish specific requirements and conditions for applicants seeking a Work and Holiday (Temporary) (Class US) visa from designated countries, including Bangladesh. Section 1224A(3)(a) mandates that applicants must hold a valid passport issued by a country listed in the Regulations. Section 1224A(3)(aa) requires that the visa application must be submitted from an address designated in the Regulations for the country of passport issuance. Furthermore, Section 1224A(3)(ab) allows applicants from specified countries, using form 1208, to submit their applications from any foreign country. Additionally, Section 462.221(c) stipulates that applicants must possess an educational qualification outlined in the Regulations, relevant to the country that issued their passport.
These sections impose obligations on applicants, including the need to ensure they meet the passport and educational requirements and to lodge their applications at the correct address as specified in the Regulations. The Regulations also necessitate that applicants from Bangladesh submit their applications at an address designated in the Instrument and hold the specified educational qualifications.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the text for breaches of these provisions. However, failure to comply with the specified requirements could result in the visa application being rejected or the applicant being deemed ineligible for the visa. The Regulations generally provide that any person who makes a false or misleading statement in their application may be subject to criminal penalties under the Migration Act 1958, including fines and imprisonment.