{"id":"F2022L00170","name":"Migration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022","slug":"migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102281,"registerId":"commonwealth-F2022L00170-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022","content":"![logo for Department of Home Affairs](image.001.jpeg)\n\nLIN 22/020\n\nMigration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022\n\nI, Alison Garrod, delegate of the Minister, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).\n\nDated 21 February 2022\n\nAlison Garrod\n\nActing Senior Executive Service Band 1  \nImmigration Programs Division  \nDepartment of Home Affairs\n\n1 Name\n\nThis instrument is the Migration (Arrangements for Special Category Visa applications) Instrument (LIN 22/020) 2022.\n\n2 Commencement\n\nThis instrument commences on 27 February 2022.\n\n3 Repeal\n\nMigration (LIN 19/058: Arrangements for special category visa applications) Instrument 2019 (F2019L00339) is repealed.\n\n4 Making an application in immigration clearance\n\n(1)For subitem 1219(1) and paragraph 1219(3)(a) of Schedule 1 to the Regulations this section specifies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.\n\n(2)If an applicant is in Australia in immigration clearance, the application must be made by:\n\n(a) presenting Form 15 to a clearance officer; or\n\n(b) using an authorised system.\n\n> Note authorised system, clearance authority and clearance officer have the same meaning in this instrument as in the Migration Act 1958 and the Regulations.\n\n(3) Subsection (4) applies if an applicant:\n\n(a) is in Australia after having been immigration cleared; or\n\n(b) is in Australia but not in immigration clearance.\n\n(4)The application:\n\n(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\n\n(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:\n\nSpecial Category Visa Processing Unit\n\nDepartment of Home Affairs\n\nGPO Box 9984\n\nSYDNEY NSW 2001.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Migration (LIN 19/058: Arrangements for special category visa applications) Instrument 2019 (section 3) and replaces the procedural rules with the requirements set out here (section 4). From this text alone, the instrument changes the instrument in force (by repeal) and sets the current procedural routes (in-person/authorised system in immigration clearance; online Form 444 or postal Form 15 outside clearance). Whether substantive scope (eligibility, conditions or other regulatory intent beyond application channels) has changed cannot be determined from this instrument alone because the content of the repealed 2019 instrument is not provided."},"complexity_factors":["Clear binary rule based on applicant’s immigration clearance status (sections 4(2)–(4)): applicant must determine which branch applies.","Use of specific forms with different channels: Form 15 (in-person or postal) vs Form 444 (Web) via a named online portal (section 4(2) and 4(4)).","Delegated instrument made under a regulation (subregulation 2.07(5)) means implementation details rely on Departmental definitions and authorised systems (header and note after 4(2)).","Fallback postal procedure requires compliance with ‘sufficient prepaid postage’ and a specific postal address (section 4(4)(b)).","Repeal of an earlier instrument (section 3) creates an administrative change that may require applicants and practitioners to update procedures."],"plain_english_summary":"What this instrument does (mechanics)\n\n- It sets the procedural rules for how people apply for a Special Category (Temporary) (Class TY) visa in Australia. It replaces an earlier instrument from 2019 (see section 3) and comes into force on 27 February 2022 (section 2). The delegate who made the instrument is Alison Garrod, acting under subregulation 2.07(5) of the Migration Regulations 1994 (header).\n\n- The application routes depend on the applicant’s physical and immigration status at the time of application (section 4):\n  - If the applicant is in Australia in immigration clearance, they must either present Form 15 to a clearance officer or use an authorised system (section 4(2)(a)–(b)).\n  - If the applicant is in Australia after having been immigration cleared, or is in Australia but not in immigration clearance, they must submit Form 444 (Web) via the specified online portal (section 4(4)(a)). If the online method cannot be used, they may instead post Form 15 with sufficient prepaid postage to the Special Category Visa Processing Unit at the GPO Box address shown (section 4(4)(b)).\n\nWho this affects\n\n- Primary effect: people in Australia seeking a Special Category (Temporary) (Class TY) visa. The rules determine which forms and channels they must use (section 4).\n- Secondary effect: Department of Home Affairs staff who receive and process applications (clearance officers, processing unit), and third parties such as migration agents who assist applicants.\n\nWhy it matters (purpose claims and practical implications)\n\n- The instrument’s stated mechanical purpose is to specify the acceptable methods and forms for making Class TY visa applications so the Department and applicants know the required procedures (section 4). That purpose implies streamlining and standardising how applications are made.\n\nTesting that purpose against costs, incentives and trade-offs\n\n- Who pays: applicants bear direct costs of complying with the procedure when posting Form 15 (prepaid postage) (section 4(4)(b)). The instrument does not state fees or other monetary charges; it only prescribes methods and addresses (sections 1–4).\n\n- Incentives and likely behavioural effects: by specifying an online form (Form 444 (Web)) and a dedicated online portal for applicants not in immigration clearance, the instrument creates an incentive to use the online channel where possible (section 4(4)(a)). Presenting Form 15 in immigration clearance or using an authorised system is required when still in clearance (section 4(2)). Where online submission is not possible, the permitted fallback is postal submission (section 4(4)(b)).\n\n- Compliance burden: applicants must use the specified forms and channels; failure to use the correct form or channel could lead to an application not being accepted under the Regulation references in section 4(1). The need to choose between Form 15 and Form 444 (Web) depends on the applicant’s clearance status (sections 4(2) and 4(3)–(4)), which adds a procedural determination applicants must make.\n\n- Bureaucratic discretion and decision-makers: the instrument is made under delegated power (header) and relies on roles defined in the Migration Act/Regulations (authorised system, clearance officer, clearance authority); those offices control implementation and acceptance of applications (note after section 4(2)). The Department’s processing unit receives posted applications at the address in section 4(4)(b).\n\n- Effects on private actors and market activity: the instrument prescribes administrative routes for applicants and does not directly alter fees, eligibility criteria, or private contract rights. It changes where and how applications are lodged, which can affect migration agents’ and applicants’ workflow but does not itself change substantive visa conditions (sections 1–4).\n\n- Concentrated benefits and costs: benefits from any operational efficiencies from online submission would fall to the Department (lower handling costs) and to applicants who can use the online route (faster submission). Costs of posting fall directly on the subset of applicants who must or choose to post Form 15 (section 4(4)(b)). The instrument does not create an explicit monetary transfer or subsidy.\n\nImplementation and risk notes\n\n- The instrument depends on the availability and functioning of the specified online portal (section 4(4)(a)) and on clearance officers and authorised systems at ports of entry (section 4(2)). If systems are unavailable or unclear, applicants may need to use the postal fallback (section 4(4)(b)).\n\nKey sections to consult\n\n- Who made the instrument and legal basis: header (delegate, subregulation 2.07(5)).\n- Commencement date: section 2.\n- Repeal of prior instrument: section 3.\n- Detailed application procedures and permitted forms/channels: section 4 (subsections (1)–(4))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow, procedural scope as its 2019 predecessor. It simply updates the administrative mechanics for SCV applications without expanding into new policy areas or substantive visa criteria."},"complexity_factors":["Very short: only 4 operative sections plus standard machinery provisions","Minimal defined terms: only references back to existing definitions in the Migration Act 1958 and Migration Regulations 1994","Simple conditional structure: binary split based on whether applicant is in immigration clearance or not","No nested exceptions or complex cross-referencing beyond standard references to the Regulations","Straightforward administrative procedure: essentially specifies forms and submission methods"],"plain_english_summary":"This is a short, technical instrument that sets out **how New Zealand citizens can apply for a Special Category Visa (SCV)** to live and work in Australia.\n\n**What it does:**\n- Replaces an older 2019 instrument with updated application procedures\n- Creates two pathways for applying, depending on where the person is:\n  - **At the airport/border (\"immigration clearance\")**: Show Form 15 to a border officer, or use an authorised electronic system\n  - **Already in Australia**: Apply online via Form 444 (Web) through the Department's website, or mail Form 15 to Sydney if online isn't possible\n\n**Who it affects:**\n- New Zealand citizens seeking to enter or remain in Australia on a Special Category Visa (the temporary visa that lets most Kiwis live and work here indefinitely)\n- Border officers and Department of Home Affairs staff processing these applications\n\n**Why it matters:**\nThis is essentially the \"how-to\" guide for one of Australia's most important visa categories. Hundreds of thousands of New Zealanders rely on this visa. The instrument ensures there's a clear, lawful process for applying—whether someone is walking through passport control at Sydney Airport or already living in Melbourne and needs to regularise their status."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022","history":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/history","analysis":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/analysis","conflicts":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/conflicts","importantCases":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/important-cases","documents":"/api/acts/migration-arrangements-for-special-category-visa-applications-instrument-lin-22-020-2022/documents"}}