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.
Overview
The Migration Regulations 1994, amended by the legislative instrument F2012L00085, were enacted to address the procedural requirements and eligibility criteria for applicants from specific countries seeking a Work and Holiday (Temporary) (Class US) visa in Australia. This amendment was introduced to formalise Australia's reciprocal visa arrangements with additional countries, specifically including Argentina, to streamline the application process for eligible citizens. The regulation specifies the countries whose nationals are eligible to apply for this visa, the required educational qualifications, and the appropriate locations for lodging applications, ensuring that the process adheres to the bilateral agreements in place. The instrument was made under the authority of the Legislative Instruments Act 2003 and took effect on 29 February 2012, without the need for consultation or a Regulatory Impact Statement due to its minor nature.
Scope and Application
The Migration Regulations 1994, as amended by this instrument, specifically address the eligibility and application processes for Work and Holiday (Temporary) (Class US) visas for applicants from specified countries, including the addition of Argentina to the list of countries with reciprocal visa arrangements. This Act applies to individuals who hold a valid passport from one of the listed countries and wish to apply for a Work and Holiday visa. It outlines the necessary educational qualifications for applicants and specifies the locations where applications must be lodged, allowing applications from certain classes of persons to be made in any foreign country. The geographic reach of this regulation is national, applying uniformly across Australia, and it operates under the overarching framework of the Migration Regulations 1994. This instrument does not introduce any new exclusions or thresholds but clarifies and updates the list of eligible countries and associated application procedures. Subordinate instruments may further define the specifics of the application process and eligibility criteria.
Key Provisions
The Migration Regulations 1994, as amended, outline specific requirements for applicants seeking a Work and Holiday (Temporary) (Class US) visa from certain countries, including Thailand, Iran, Chile, Turkey, the United States of America, Malaysia, Indonesia, Bangladesh, and now Argentina, as of 29 February 2012 (paragraphs 1224A(3)(a) and 1224A(3)(ab)). For these applicants, a valid passport issued by their country of origin is necessary (paragraph 1224A(3)(a)). Moreover, visa applications must be lodged at an address specified for the country of issue in the regulations (paragraph 1224A(3)(aa)). These applicants can submit their applications in any foreign country if they belong to a class of persons specified in the regulations (paragraph 1224A(3)(ab)). Additionally, applicants must hold an educational qualification specified in the regulations related to the foreign country that issued their passport (paragraph 462.221(c)).
The obligations imposed by these provisions require applicants to ensure they meet the specified criteria, including possessing a valid passport from a listed country and submitting their application at the designated address. Furthermore, applicants must satisfy the educational qualification requirements relevant to their country of origin. These stipulations aim to streamline the visa application process for eligible individuals from the participating countries and ensure that applicants adhere to the established guidelines.
Failure to comply with the requirements set forth in the Migration Regulations 1994 may result in serious consequences. The regulations do not explicitly state specific offences, penalties, or consequences for breaches. However, non-compliance could potentially lead to the rejection of the visa application, which may involve the applicant incurring additional costs and delays in their application process. Additionally, persistent non-compliance or fraudulent activities may result in further scrutiny or legal action under relevant Australian immigration laws.