EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR WORK AND HOLIDAY VISA APPLICANTS FROM THAILAND, IRAN, CHILE, TURKEY, UNITED STATES OF AMERICA, MALAYSIA INDONESIA, BANGLADESH AND ARGENTINA
(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 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.
9. The purpose of this amendment is to include Argentina as a country that has a Work and Holiday visa arrangement with Australia.
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. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
12. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 12807).
13. The Instrument, IMMI 11/053, commences on 29 February 2012.