Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022 (Cth)

LIN 22/042 Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022 I, Paul Denman, delegate of the Minister, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations). Dated 4 March 2022

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

1 Name This instrument is the Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022.

2 Commencement This instrument commences on 5 March 2022. Note This instrument may apply retrospectively—see Legislation Act 2003, subsection 12(2).

3 Definitions In this instrument: excluded applicant means an applicant who has applied for: (a) a subclass 417 visa; or (b) a subclass 462 visa with nil VAC and: (c) the applicant has been granted the visa; or (d) the applicant has been refused the visa; or (e) the application is not finalised. subclass 417 visa means Working Holiday (Subclass 417) visa. subclass 462 visa means Work and Holiday (Subclass 462) visa. VAC means visa application charge. Note 1 For the meaning of offshore COVID-19 affected visa and onshore COVID-19 affected visa—see the Regulations, regulation 1.15P. Note 2 For the meaning of visa application charge—see Migration Act 1958, section 5.

4 Class of persons for nil VAC—subclass 417 visa (1)For subparagraph 1225(2)(a)(i) of Schedule 1 to the Regulations, an applicant mentioned in subsection (2) or (3) is specified. (2)An applicant who: (a) applies for a subclass 417 visa outside Australia; and (b) last held an offshore COVID-19 affected visa; and (c) is not an excluded applicant. (3)An applicant who: (a) applies for a subclass 417 visa in Australia; and (b) held an onshore COVID-19 affected visa; and (c) is not an excluded applicant.