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

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. 

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.

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.

Sources:

The Instrument: Migration-LIN-18174-Arrangements-for-Work-and-Holiday-Visa-Applications-Instrument.pdf

The Explanatory Statement: LIN18174-Explanatory-Statement.pdf

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