Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026

Administered by Department of Home Affairs

Legislation au F2026L00112 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by a delegate of the Minister for Immigration and Citizenship

Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026

The instrument, Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021) is made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994 (Migration Regulations).

LIN 26/021 repeals Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007).

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

The purpose of LIN 26/021 is to specify temporary visa subclasses for subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations. LIN 26/021 repeals and replaces LIN 22/007 in order to revise and update references to various visa subclasses. Further detail is provided in Attachment A.

This instrument is covered by the exemption from disallowance provided by table item 20 of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015. A statement of compatibility with human rights is therefore not required.

As this instrument is of a minor or machinery nature, external consultation was not considered necessary or appropriate to undertake.

The instrument commences on the day after it is registered on the Federal Register of Legislation.

Further details of the provisions of the instrument are set out in Attachment A.

The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.


ATTACHMENT A

Details of the Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026

Section 1 – Name of instrument

This section provides that the title of the instrument is the Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021).

Section 2 – Commencement

This section provides the instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the instrument is made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994 (the Migration Regulations).

Section 4 – Definitions

This section defines certain terms used in the instrument.

The note in the section states that the terms non-citizen and temporary visa have the meaning given by section 5 of the Migration Act 1958.

Section 5 – Schedule

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Section 6 – Temporary Visa subclasses

This section specifies temporary visa subclasses for the purposes of subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations.

The Schedule removes references to subclasses 159 (Provisional Resident Return) and 487 (Skilled Regional Sponsored) that had been specified in Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007). These visa subclasses have been repealed and are not required to be referenced in the new instrument.

Effect of being specified

Public interest criteria (PIC) 4005 and 4007, set out in Schedule 4 to the Migration Regulations, apply to visa subclasses where it is specified as a criterion for the grant of a visa in Schedule 2 of the Migration Regulations for that subclass. 

PICs 4005 and 4007 provide that visa applicants must be free from a disease or condition in relation to which a person who has it would be likely to require health care or community services or meet the medical criteria for the provision of a community service, and the provision of which would be likely to result in a significant cost to the Australian community in the areas of, or prejudice the access of an Australian citizen or permanent resident to, health care or community services. 

If an application is for a temporary visa of a subclass specified for subparagraph 4005(2)(b)(ii) or 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations, then the applicant’s health and associated costs will be assessed for the same period for which a permanent visa is assessed, that is, a period commencing when the application is made (rather than the period for which the Minister intends to grant the visa).

Section 7 – Operation of the instrument

This section provides for the operation of the instrument. It provides for the continued operation of Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007) in certain circumstances.

Section 7 provides that LIN 22/007 continues to apply in relation to an application for a visa if a person is taken to have applied for a visa under regulation 2.08 (newborn children) or 2.08B (addition of dependent children) of the Migration Regulations before, on or after the commencement of LIN 26/021, and:

  • Where the application was taken to have been made in accordance with regulation 2.08 – the relevant non-citizen made their application before the commencement of LIN 26/021;
  • Where the application was taken to have been made in accordance with regulation 2.08B – the original application was made before the commencement of LIN 26/021.

These circumstances are intended to reflect the relevant provisions of the operation provision in subclause 15302(2) of the Migration Amendment (Repeal, Consequential and Technical Amendments) Regulations 2025.

Schedule 1 – Repeals

Item 1 – The whole of the instrument

This Schedule repeals the Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007) in its entirety.

Overview

The Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021) was enacted to provide clarity and update references concerning temporary visa subclasses under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994. This legislative instrument addresses the need for a revision of previous specifications, particularly those outlined in the now-repealed Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022. The instrument was made under the authority of the Minister for Immigration and Citizenship and aims to ensure that visa applicants are assessed appropriately for their health and associated costs when applying for temporary visas. The policy objective is to maintain effective oversight of visa applicants to prevent potential significant costs to the Australian community in health care or community services, thereby protecting access for Australian citizens and permanent residents.

Scope and Application

The Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021) applies to temporary visa subclasses specified under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994. This instrument replaces the Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022, and its primary function is to update and revise references to various visa subclasses. It does not apply to permanent visa subclasses or any other visa categories not explicitly mentioned. The instrument operates within the Commonwealth jurisdiction, aligning with the provisions of the Migration Act 1958 and the Migration Regulations. Exemptions from disallowance are noted under regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015, and the instrument is considered of a minor or machinery nature, thus not requiring external consultation. The instrument’s commencement date is the day after its registration on the Federal Register of Legislation.

Key Provisions

The Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021) serves to specify the temporary visa subclasses for the purpose of Public Interest Criteria (PIC) 4005 and 4007 under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994 (section 6). This instrument replaces the previous Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022 (LIN 22/007), removing references to visa subclasses 159 (Provisional Resident Return) and 487 (Skilled Regional Sponsored) that have since been repealed (Attachment A). The obligations imposed by the Act primarily concern the assessment of health and associated costs for visa applicants. For applications made for specified temporary visa subclasses, the health assessment will be conducted for the same period as for a permanent visa, starting from when the application is made (Schedule 4 to the Migration Regulations). This ensures consistency in the assessment period for both temporary and permanent visa applicants. Furthermore, the Act imposes specific conditions under which the previous specification (LIN 22/007) continues to apply. According to section 7, LIN 22/007 remains in effect for applications related to newborn children or the addition of dependent children, provided that the application was made before the commencement of LIN 26/021 (section 7). This transitional provision is designed to align with the relevant provisions in subclause 15302(2) of the Migration Amendment (Repeal, Consequential and Technical Amendments) Regulations 2025. In terms of consequences for non-compliance, the instrument does not explicitly detail specific offences or penalties for breaches. However, any breaches of the requirements set out in the Migration Regulations could lead to refusal of a visa application, cancellation of an existing visa, or other civil or criminal penalties as applicable under the Migration Act 1958. The repealed instrument, LIN 22/007, would have carried similar implications for non-compliance. The instrument is covered by the exemption from disallowance provided by table item 20 of regulation 10 of the Legislation (Exemptions and Other Matters) Regulations 2015, indicating that no statement of compatibility with human rights is required. Additionally, due to the minor and machinery nature of this instrument, external consultation was deemed unnecessary. The instrument comes into effect on the day after its registration on the Federal Register of Legislation.

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Immigration & Refugee Law
Instrument
Legislative Instrument
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.