Federal Register of Legislation - Australian Government

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IMMI 15/116 Specifications as made
This instrument specifies the approved forms, the way in which an application can be made and the place and manner in which an application for a work and holiday (subclass 462) and working holiday (subclass 417) visa must be made for specific classes of persons.
Administered by: Immigration and Border Protection
Registered 15 Sep 2015
Tabling HistoryDate
Tabled HR16-Sep-2015
Tabled Senate17-Sep-2015
Date of repeal 01 Jan 2016
Repealed by Migration Regulations 1994 - Specification of Arrangements for Work and Holiday and Working Holiday Visa Applications 2016 - IMMI 15/146

EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR WORK AND HOLIDAY AND WORKING HOLIDAY VISA APPLICATIONS 2015

(Items 1224A and 1225 and paragraph 462.221(c))

1.             Instrument IMMI 15/116 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for Items 1224A and 1225 of Schedule 1 to the Regulation and paragraph 462.221(c) of Schedule 2 to the Regulations.

2.             The Instrument revokes IMMI 15/040 (F2015L00552) signed on 16 April 2015 under subsection 33(3) of the Acts Interpretation Act 1901.

3.             The purpose of the Instrument is

a.              to include China in the list of countries that are considered to be work and holiday visa eligible countries;

b.             to include the relevant conditions applying to nationals of China including required educational qualifications;

c.              to specify for nationals of China the address to which an application must be made for making valid applications for Work and Holiday (Temporary)(Class US) - Subclass 462 (Work and Holiday) visa;

d.             to specify applicants holding passports issued by China as a class of persons who do not have to provide evidence of government support for the grant of a Work and Holiday (subclass 462) visa.

4.             The Instrument operates to:

a.              specify the approved forms; the way in which an application can be made and the place and manner in which an application for a visa must be made for specific classes of persons;


 

b.             ┬áspecify the following for applicants applying for a Subclass 462 visa:

                                       i.                   the passport an applicant must hold to make a valid application;

                                     ii.                   that those applying on form 1208, and who hold a specified passport must make their application at the specified address;

                                   iii.                   who, of those applying on form 1208, may make their application in any foreign country; and

                                   iv.                   educational qualifications applicable to an applicant from each country.

                                     v.                   that applicants holding passports issued by China or the United States of America are a class of persons who do not have to provide evidence of government support for the grant of a Work and Holiday (subclass 462) visa; and

                                   vi.                   that an applicant holding a passport issued by the Islamic Republic of Iran may apply for a further subclass 462 visa if they are in Australia and have previously held not more than two subclass 462 visas;

c.              specify the class of persons who are eligible to apply for a Working Holiday (subclass 417) visa and the conditions that they must meet to make a valid visa application. Only nationals of countries with which Australia has a reciprocal Working Holiday arrangement are eligible to apply.

5.             External consultation was undertaken with the Department of Foreign Affairs and Trade, and the Australian Trade Commission when making the change to this Instrument.

6.             The Senior Executive Service, Band one, Temporary Visa Programme Branch was delegated the powers contained in subitem 1224A(1), subitem 1225(1) and Paragraph 462.221(c) of Schedule 2 to the Regulations in Instrument of Delegation DEL 15/090, signed on 30 June 2015.

7.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 18125)


8.             Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

9.             The Instrument IMMI 15/116 commences on 21 September 2015