Federal Register of Legislation - Australian Government

Primary content

LIN 18/174 Arrangements as made
This instrument specifies the requirements of making an application for a Work and Holiday (Temporary) (Class US) visa. This instrument expands the online lodgement channel to additional countries for applicants applying for their first Work and Holiday (Temporary) (Class US) visa. This instrument repeals the Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018.
Administered by: Home Affairs
Registered 15 Nov 2018
Tabling HistoryDate
Tabled HR26-Nov-2018
Tabled Senate26-Nov-2018
Date of repeal 01 Jul 2019
Repealed by Migration (LIN 19/184: Arrangements for Work and Holiday Visa Applications) Instrument 2019

EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018

(Subregulation 2.07(5), paragraph 1224A(3)(a) and subparagraph 1224A(3)(b)(iii) of Schedule 1, paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations)

1.             The instrument, LIN 18/174, is made under subregulation 2.07(5), paragraph 1224A(3)(a) and subparagraph 1224A(3)(b)(iii) of Schedule 1 of the Migration Regulations 1994 (the Regulations) and paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations.

2.             The instrument repeals IMMI 18/102 (F2018L00773) made under the Regulations, specifically, subregulation 2.07(5), paragraph 1224A(3)(a), subparagraph 1224A(3)(b)(iii) and subitem 1225(5) of Schedule 1 to the Regulations and subclause 417.211(2) and paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states 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.

3.             The instrument operates to specify the requirements of making an application for a Work and Holiday (Temporary) (Class US) visa as follows:

a.       for the purposes of subparagraph 1224A(1) of Schedule 1 to the Regulations, the instrument specifies the approved form for making a valid application;

b.      for the purposes of paragraph 1224(3)(a) of Schedule 1 to the Regulations, the instrument specifies the foreign countries that have issued a foreign passport that must be held by a person seeking to make an application;

c.       for the purposes of paragraph 1224(3)(aa) of Schedule 1 to the Regulations, the instrument specifies the place and manner in which an application must be made;

d.      for the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, the instrument specifies the class of persons that do not have to provide evidence of government support for the grant of a Work and Holiday (Temporary) (Class US) visa.

4.      The instrument also operates to specify the minimum standard of education qualifications an applicant for a Work and Holiday (Temporary) (Class US) visa and a Subclass 462 (Work and Holiday) visa must satisfy at the time of application. The instrument also specifies, for the purposes of paragraph 462.212(b) of Schedule 2 to the Regulations, the upper age limit for persons seeking to meet the criteria for a Subclass 462 (Work and Holiday) visa.

5.      The purpose of the instrument is to expand the online lodgement channel to additional countries for applicants applying for their first Class US (Work and Holiday) (Temporary) visa. Existing countries under this arrangement are Spain, Argentina, Uruguay, Slovakia and the United States of America. The new countries under this arrangement now are Austria, Chile, Czech Republic, Hungary, the State of Israel, Luxembourg, Peru, Poland, Portugal, San Marino and Slovenia. Online lodgement for applicants from these countries is mandatory, unless the applicant has been sent an email authorising the applicant to make an application in a different place or manner. Arrangements for all other countries remain unchanged.

6.             In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was considered not necessary. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7.             The Office of Best Practice Regulation (OBPR) have advised that a Regulatory Impact Statement is not required (OBPR Reference: 23760).

8.             The officer (Senior Executive Service, Band One, Immigration and Visa Services Division) who made the instrument was delegated the powers required to make the instrument in Minister – Delegations Instrument No. 5 of 2018 (Instrument Making Powers) (MHA No. 5 of 2018), signed on 10 April 2018.

9.             Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

10.         The instrument commences on 17 November 2018.