{"id":"F2024L01426","name":"Migration (Subclass 403 (MATES Stream) Visa Pre-application Process) Determination (LIN 24/069) 2024","slug":"migration-subclass-403-mates-stream-visa-pre-application-process-determination-lin-24-069-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442628,"registerId":"F2024L01426-fast-fetch-1775957592145","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Subclass 403 (MATES Stream) Visa Pre-application Process) Determination (LIN 24/069) 2024","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 24/069\n\n \n\nMigration (Subclass 403 (MATES Stream) Visa Pre-application Process) Determination (LIN 24/069) 2024\n\nI, Tony Burke, Minister for Immigration and Multicultural Affairs, make the following determination.\n\nDated 28 October 2024\n\nTony Burke\n\nMinister for Immigration and Multicultural Affairs\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 the visa pre-application process\n\nDivision 1—Introduction\n\n5  Purpose of this Part\n\n6  Specified visa pre-application process to which the rules apply\n\nDivision 2—The visa pre-application process is in relation to the Republic of India\n\n7  Visa pre-application process must be in relation to the Republic of India\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 403 (MATES Stream) Visa Pre-application Process) Determination (LIN 24/069) 2024.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as the Migration Amendment (Mobility Arrangements for Talented Early-professionals Scheme) Regulations 2024\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\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\nMATES stream visa means a Subclass 403 (Temporary Work (International Relations)) visa in the Mobility Arrangement for Talented Early-professionals Scheme stream.\n\nMATES stream visa pre-application process means a process specified under section 6.\n\nregistered participant, for a particular MATES stream visa pre-application process, has the meaning given by section 8.\n\nregistration open period, for a particular MATES 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 the requirements for registration open periods.\n\nselected participant, for a particular MATES stream visa pre-application process, has the meaning given by section 13.\n\nselection open period, for a particular MATES 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 the requirements for selection open periods.\n\n\nPart 2—Rules for the conduct of the 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 the 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 MATES stream visa.\n\n\n\n\nDivision 2—The visa pre-application process is in relation to the Republic of India\n\n7  Visa pre-application process must be in relation to the Republic of India\n\n  A MATES stream visa pre-application process must be in relation to the Republic of India.\n\n\n\n\nDivision 3—Registration of participants\n\n8  Registered participants\n\n  A person is a registered participant for a particular MATES stream visa pre-application process if all of 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: 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 MATES stream visa pre-application process are all of the following:\n\n (a) the person holds a valid passport issued by the Republic of India;\n\n (b) at the beginning of the registration open period for that process, the person is aged at least 18 and no more than 30.\n\n10  Registration open period\n\n (1) A MATES 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 MATES 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 MATES stream visa pre-application process lapses at the earliest of the following times:\n\n (a) at 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\n\n\n\nDivision 4—Selection of registered participants\n\n13  Selected participants\n\n  A person is a selected participant for a particular MATES 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 MATES stream visa pre-application process must involve a finite selection open period for that process.\n\n (2) The Minister must cause the selection open period for that 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 MATES 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 MATES stream visa.\n\n (3) The date specified under subsection (2) must be at least 28 days after the day on which the notice is given.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination implements procedural rules under subsection 46C(14) of the Migration Act for the MATES stream only and limits the pre-application process to the Republic of India (s6, s7). It does not alter visa categories or expand legislative scope; it prescribes procedural mechanics (eligibility, electronic registration, random selection, publication of periods, payment timing and application deadlines) within the existing statutory framework (ss6–15)."},"complexity_factors":["Reliance on and cross-reference to the Migration Act 1958 (subsection 46C(14) and s46C(22)) requiring coordination with primary legislation","Automated processes: online registration, electronic withdrawal and random selection by a computer program (ss8, 11, 13) create technical, auditing and transparency demands","Ministerial scheduling and publication duties for finite registration and selection periods, including possible extensions (ss10(2), 14(2)) introduce administrative discretion and timing risk","Eligibility verification obligations limited to Indian passport and age band (18–30 at registration start) but requiring reliable date-of-birth and nationality checks (s9)","Payment timing: any visa pre-application charge must be paid at registration (s8 note; s46C(22)), raising transactional and refund complexity","Event-driven lapse rules (selection, withdrawal, end of selection period, death) create multiple termination pathways to manage (s12)","Minimum statutory window to apply after selection (at least 28 days) imposes a strict compliance deadline on selected participants (s15)"],"plain_english_summary":"This instrument prescribes the online pre-application process for Subclass 403 (MATES stream) visas limited to holders of Indian passports. It sets mechanical rules for internet registration, age eligibility (18–30 at the start of registration), withdrawal, random computerised selection, timing (finite registration/selection windows published by the Minister) and a minimum 28‑day period to lodge a visa application after selection. Registrants must pay any pre-application charge when they register (s8 note; s46C(22) of the Act)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a new instrument establishing the pre-application process for the MATES stream visa. It has not grown beyond its original purpose; it precisely implements the ballot/registration system contemplated by the enabling regulations."},"complexity_factors":["Short instrument: only 15 sections across 4 divisions","Minimal defined terms: only 6 definitions in section 4, most referencing other sections","Simple conditional structure: primarily 'if/then' logic with no nested exceptions","No cross-references to external legislation beyond the Migration Act 1958 (only for authority and general provisions)","Straightforward temporal logic: clear start/end points for registration and selection periods","Single jurisdictional scope: exclusively limited to Indian citizens (section 7)"],"plain_english_summary":"This bill creates a ballot-style registration system for India-born 18–30-year-olds seeking the MATES work visa to Australia: applicants must register online during published windows, pay a fee, and only those randomly selected by the Department of Home Affairs may then lodge a visa application. \n\nIt replaces a rush-based process with a lottery to fairly allocate limited places and manage demand."},"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-subclass-403-mates-stream-visa-pre-application-process-determination-lin-24-069-2024","history":"/api/acts/migration-subclass-403-mates-stream-visa-pre-application-process-determination-lin-24-069-2024/history","analysis":"/api/acts/migration-subclass-403-mates-stream-visa-pre-application-process-determination-lin-24-069-2024/analysis","conflicts":"/api/acts/migration-subclass-403-mates-stream-visa-pre-application-process-determination-lin-24-069-2024/conflicts","importantCases":"/api/acts/migration-subclass-403-mates-stream-visa-pre-application-process-determination-lin-24-069-2024/important-cases","documents":"/api/acts/migration-subclass-403-mates-stream-visa-pre-application-process-determination-lin-24-069-2024/documents"}}