{"id":"F2025L00249","name":"Migration (Subclass 192 (Pacific Engagement) Visa Pre application Process—Treaty Stream) Determination 2025","slug":"migration-subclass-192-pacific-engagement-visa-pre-application-process-treaty-stream-determination-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442762,"registerId":"F2025L00249-fast-fetch-1775957706417","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Subclass 192 (Pacific Engagement) Visa Pre application Process—Treaty Stream) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 25/021\n\n \n\nMigration (Subclass 192 (Pacific Engagement) Visa Pre‑application Process—Treaty Stream) Determination 2025\n\nI, Tony Burke, Minister for Immigration and Multicultural Affairs, make the following determination.\n\nDated   25 February 2025\n\nTony Burke\n\nMinister for Immigration and Multicultural Affairs\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—Rules for the conduct of visa pre-application process\n\nDivision 1—Introduction\n\n5  Purpose of this Part\n\n6  Specified visa pre‑application process to which rules apply\n\nDivision 2—Country to which visa pre‑application process relates\n\n7  Visa pre‑application process must be in relation to a country\n\nDivision 3—Registration of participants\n\n8  Registered participants\n\n9  Eligibility requirements\n\n10  Registration open period\n\n11  Withdrawal of registration\n\n12  Duration of registration\n\nDivision 4—Selection of registered participants\n\n13  Selected participants\n\n14  Selection open period\n\n15  Notice of selection\n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Migration (Subclass 192 (Pacific Engagement) Visa Pre‑application Process—Treaty Stream) Determination 2025.\n\n2  Commencement\n\n  This instrument commences on 1 May 2025.\n\n3  Authority\n\n  This instrument is made under subsection 46C(14) of the Migration Act 1958.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.\n\n  In this instrument:\n\nAct means the Migration Act 1958.\n\nregistered participant, for a particular Treaty stream visa pre‑application process, has the meaning given by section 8.\n\nregistration open period, for a particular Treaty stream visa pre‑application process, means the period during which the process is open for registration.\n\nNote: See also section 10, which is about requirements for registration open periods.\n\nselected participant, for a particular Treaty stream visa pre‑application process, has the meaning given by section 13.\n\nselection open period, for a particular Treaty stream visa pre‑application process, means the period during which selection of participants for the process may take place.\n\nNote: See also section 14, which is about requirements for selection open periods.\n\nTreaty stream visa means a Subclass 192 (Pacific Engagement) visa in the Treaty stream as set out in Subdivision 192.23 of Schedule 2 to the Migration Regulations.\n\nTreaty stream visa pre‑application process means a process specified under section 6.\n\nPart 2—Rules for the conduct of visa pre-application process\n\nDivision 1—Introduction\n\n5  Purpose of this Part\n\n  For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre‑application process that is specified in section 6.\n\n6  Specified visa pre‑application process to which rules apply\n\n  For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa pre‑application process conducted under subsection 46C(1) of the Act in relation to a Subclass 192 (Pacific Engagement) visa in the Treaty stream.\n\nDivision 2—Country to which visa pre‑application process relates\n\n7  Visa pre‑application process must be in relation to a country\n\n (1) A Treaty stream visa pre‑application process must be in relation to a single country.\n\nNote: Multiple Treaty stream visa pre‑application processes can be conducted (see subsection 46C(10) of the Act).\n\n (2) The Minister must cause the country to which the Treaty stream visa pre‑application process relates to be published on the Department’s website.\n\nDivision 3—Registration of participants\n\n8  Registered participants\n\n  A person is a registered participant for a particular Treaty stream visa pre‑application process if the following requirements are met:\n\n (a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;\n\n (b) the registration includes a declaration by the person that they meet the eligibility requirements for that process specified under section 9;\n\n (c) the person is not already registered as a participant in that process;\n\n (d) the registration occurs within the registration open period for that process.\n\nNote 1: A part of a visa pre‑application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\nNote 2: Any visa pre‑application process charge that is payable in respect of the registration must be paid at the time of registration: see subsection 46C(22) of the Act.\n\n9  Eligibility requirements\n\n  The eligibility requirements for registration of a person as a registered participant in a particular Treaty stream visa pre‑application process are all of the following:\n\n (a) the person holds a valid passport issued by the country to which that process relates;\n\n (b) at the beginning of the registration open period for that process, the person is aged at least 18;\n\n (c) the person, or a parent of the person, or a grandparent of the person, was born in the country to which that process relates;\n\n (d) the person is a citizen of the country to which that process relates and that citizenship was not obtained due to an investment to that country;\n\n (e) the person is not a citizen of New Zealand.\n\n10  Registration open period\n\n (1) A Treaty stream visa pre‑application process must involve a finite registration open period for the process.\n\n (2) The Minister must cause the registration open period for the process, and any extension of the period, to be published on the Department’s website.\n\n11  Withdrawal of registration\n\n  A registered participant in a particular Treaty stream visa pre‑application process may withdraw their registration as a participant in that process using a computer program made available on the internet for that purpose.\n\nNote: A part of a visa pre‑application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n12  Duration of registration\n\n  The registration of a person as a registered participant in a particular Treaty stream visa pre‑application process lapses at the earliest of the following times:\n\n (a) the end of the selection open period for that process;\n\n (b) if the person is selected as a selected participant for that process—when the person is selected;\n\n (c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;\n\n (d) if the person dies before the person is selected as a selected participant for that process—when the person dies.\n\nDivision 4—Selection of registered participants\n\n13  Selected participants\n\n  A person is a selected participant for a particular Treaty stream visa pre‑application process if the person is randomly selected for that process by a computer program.\n\nNote 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.\n\nNote 2: A part of a visa pre‑application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n14  Selection open period\n\n (1) A Treaty stream visa pre‑application process must involve a finite selection open period for the process.\n\n (2) The Minister must cause the selection open period for the process, and any extension of the period, to be published on the Department’s website.\n\n15  Notice of selection\n\n (1) As soon as practicable after a person is selected as a selected participant for a particular Treaty stream visa pre‑application process, the Minister must give the person notice in writing of the selection.\n\n (2) The notice must specify the date by which the person must make a valid visa application for a Subclass 192 (Pacific Engagement) visa in the Treaty stream.\n\n (3) The date specified under subsection (2) must be at least 30 days after the day the notice is given.\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a new instrument with no prior version to compare against. It appears tightly scoped to its stated purpose: establishing the administrative rules for the ballot/registration process for the Treaty stream of the Subclass 192 visa. It does not attempt to define visa criteria, health or character requirements, or other substantive migration law — these remain in the Migration Regulations. The scope is appropriately limited to the pre-application process mechanics."},"complexity_factors":["Short instrument: only 15 sections across 2 Parts","Minimal defined terms: only 6 definitions in section 4, most referencing other sections","Simple conditional structure: eligibility requirements use straightforward 'all of the following' logic with no nested exceptions","No cross-references to external regulations beyond basic Migration Act and Migration Regulations citations","Clear sequential structure: registration → selection → notification","Single purpose instrument: deals only with the pre-application ballot process, not the visa criteria themselves"],"plain_english_summary":"Australia creates a lottery-style Subclass 192 (Pacific Engagement) visa Treaty stream: eligible Pacific country citizens register online during set windows, then the government randomly selects who may apply. It targets nationals with birth or parental/grandparental ties to the named Pacific country (no investment citizenship, not New Zealand citizens), with selected people given notice and at least 30 days to apply. It’s a capped, PALM-linked permanent pathway to manage high demand fairly."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument confines itself to procedural rules for conducting a Treaty stream Subclass 192 pre‑application process under the authority of s46C(14) of the Migration Act. It does not alter substantive visa eligibility in the Migration Regulations; it specifies how a single‑country, time‑limited, computer‑based registration and randomized selection must operate and what publication and notice steps the Department must take."},"complexity_factors":["Statutory nesting and dependence on Migration Act subsection 46C(14) and Migration Regulations Subdivision 192.23 (s3, s6, s4): requires cross‑reference to other law for full effect.","Eligibility gatekeeping with multiple cumulative criteria (passport, age, descent, citizen not by investment, not NZ citizen) (s9).","Operational reliance on an online computer program under the Minister’s control for registration, withdrawal and random selection (s8 note, s11 note, s13 note).","Finite, published registration and selection windows with required public notice and possible extensions (s10(1)–(2), s14(1)–(2), s7(2)).","Random selection mechanics for choosing participants (s13) combined with immediate written notice obligations and minimum 30‑day application period (s15(1)–(3)).","Administrative lifecycle rules for registrations (lapsing on selection, withdrawal, end of period, or death) (s12).","Potential implementation discretion: Minister decides the country for each process and publishes details (s7(2)), creating operational choices but limited by the Act.","Small compliance costs for applicants (online registration, declaration, and any pre‑application charge paid at registration) (s8 note)."],"plain_english_summary":"This instrument sets the procedural rules for running online pre‑application processes for the Subclass 192 (Pacific Engagement) Treaty stream visa. It requires a single‑country run, online registration (with any pre‑application charge payable at registration), finite registration and selection windows, random computerized selection, and written notice giving at least 30 days to lodge a visa application. It mainly affects adult citizens of the named Pacific country (excluding New Zealand citizens and citizenships obtained by investment) and the Department/Minister who must publish country and timing details."}},"importantCases":[],"_links":{"self":"/api/acts/migration-subclass-192-pacific-engagement-visa-pre-application-process-treaty-stream-determination-2","history":"/api/acts/migration-subclass-192-pacific-engagement-visa-pre-application-process-treaty-stream-determination-2/history","analysis":"/api/acts/migration-subclass-192-pacific-engagement-visa-pre-application-process-treaty-stream-determination-2/analysis","conflicts":"/api/acts/migration-subclass-192-pacific-engagement-visa-pre-application-process-treaty-stream-determination-2/conflicts","importantCases":"/api/acts/migration-subclass-192-pacific-engagement-visa-pre-application-process-treaty-stream-determination-2/important-cases","documents":"/api/acts/migration-subclass-192-pacific-engagement-visa-pre-application-process-treaty-stream-determination-2/documents"}}