Australian Immigration Daily News

An application for a visa under sections 45 and 46 of the Migration Act 1958 is valid where the requirements of regulation 2.07 of the Migration Regulations (amongst others) are met. Regulation 2.07 relevantly provides that an item in Schedule 1 of the Migration Regulations sets out the approved form for, and other matters relating to, making an application (paragraphs (1) (a) and (c)). For certain classes of visa, these matters are set out in a legislative instrument (as provided for by subregulation2.07 (5) of the Migration Regulations).  

The main purpose of the instrument is to specify the approved form (see the third column of the table in Schedule 1) for making a valid application for the following visa classes:

- Business Skills Business Talent (Permanent) (Class EA) visa (item 1104AA of Schedule 1 to the Migration Regulations);

- Business Skills (Permanent) (Class EC) visa (item 1104BA);

- Business Skills (Provisional) (Class EB) visa (item 1202B);

- Business Skills (Residence) (Class DF) visa (item 1104B);

- Global Talent (Class BX) visa (item 1113); and

- Business Skills (Provisional) (Class UR) visa (item 1202A).

The instrument also specifies the place for lodgement and the manner in which an application must be made to ensure a valid application is made for the relevant visa class (see the fourth column of the table in Schedule 1).

Source: LIN21026.pdf and LIN21026-Explanatory-Statement.pdf