LIN 22/020

I, Alison Garrod, delegate of the Minister, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).

Dated 21 February 2022

Alison Garrod

Acting Senior Executive Service Band 1
Immigration Programs Division
Department of Home Affairs

1          Name

                 This instrument is the Migration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022.

2          Commencement

                 This instrument commences on 27 February 2022.

3          Repeal

                 Migration (LIN 19/058: Arrangements for special category visa applications) Instrument 2019 (F2019L00339) is repealed.

4          Making an application in immigration clearance

        (1)     For subitem 1219(1) and paragraph 1219(3)(a) of Schedule 1 to the Regulations this section specifies requirements for making an application for a Special Category (Temporary) (Class TY) visa.

        (2)     If an applicant is in Australia in immigration clearance, the application must be made by:

(a)   presenting Form 15 to a clearance officer; or

(b)   using an authorised system.

Note          authorised system, clearance authority and clearance officer have the same meaning in this instrument as in the Migration Act 1958 and the Regulations.

        (3)     Subsection (4) applies if an applicant:

(a)   is in Australia after having been immigration cleared; or

(b)   is in Australia but not in immigration clearance.

        (4)     The application:

(a)   must be made by submitting Form 444 (Web) via the online portal at https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/special-category-visa; or

(b)   if an application cannot be made as specified in paragraph (a), it may be made by posting Form 15 with sufficient prepaid postage to:

                   Special Category Visa Processing Unit

                   Department of Home Affairs

                   GPO Box 9984

                   SYDNEY NSW 2001.