Migration (Subclass 192 (Pacific Engagement) Visa Pre application Process—Treaty Stream) Determination 2025
1Migration (Subclass 192 (Pacific Engagement) Visa Pre application Process—Treaty Stream) Determination 2025
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I, Tony Burke, Minister for Immigration and Multicultural Affairs, make the following determination.
Dated 25 February 2025
Tony Burke
Minister for Immigration and Multicultural Affairs
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Rules for the conduct of visa pre-application process
Division 1—Introduction
5 Purpose of this Part
6 Specified visa pre‑application process to which rules apply
Division 2—Country to which visa pre‑application process relates
7 Visa pre‑application process must be in relation to a country
Division 3—Registration of participants
8 Registered participants
9 Eligibility requirements
10 Registration open period
11 Withdrawal of registration
12 Duration of registration
Division 4—Selection of registered participants
13 Selected participants
14 Selection open period
15 Notice of selection
Part 1—Preliminary
1 Name
This instrument is the Migration (Subclass 192 (Pacific Engagement) Visa Pre‑application Process—Treaty Stream) Determination 2025.
2 Commencement
This instrument commences on 1 May 2025.
3 Authority
This instrument is made under subsection 46C(14) of the Migration Act 1958.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.
In this instrument:
Act means the Migration Act 1958.
registered participant, for a particular Treaty stream visa pre‑application process, has the meaning given by section 8.
registration open period, for a particular Treaty stream visa pre‑application process, means the period during which the process is open for registration.
Note: See also section 10, which is about requirements for registration open periods.
selected participant, for a particular Treaty stream visa pre‑application process, has the meaning given by section 13.
selection 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.
Note: See also section 14, which is about requirements for selection open periods.
Treaty 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.
Treaty stream visa pre‑application process means a process specified under section 6.
Part 2—Rules for the conduct of visa pre-application process
Division 1—Introduction
5 Purpose of this Part
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.
6 Specified visa pre‑application process to which rules apply
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.
Division 2—Country to which visa pre‑application process relates
7 Visa pre‑application process must be in relation to a country
(1) A Treaty stream visa pre‑application process must be in relation to a single country.
Note: Multiple Treaty stream visa pre‑application processes can be conducted (see subsection 46C(10) of the Act).
(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.
Division 3—Registration of participants
8 Registered participants
A person is a registered participant for a particular Treaty stream visa pre‑application process if the following requirements are met:
(a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;
(b) the registration includes a declaration by the person that they meet the eligibility requirements for that process specified under section 9;
(c) the person is not already registered as a participant in that process;
(d) the registration occurs within the registration open period for that process.
Note 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.
Note 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.
9 Eligibility requirements
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:
(a) the person holds a valid passport issued by the country to which that process relates;
(b) at the beginning of the registration open period for that process, the person is aged at least 18;
(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;
(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;
(e) the person is not a citizen of New Zealand.
10 Registration open period
(1) A Treaty stream visa pre‑application process must involve a finite registration open period for the process.
(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.
11 Withdrawal of registration
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.
Note: 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.
12 Duration of registration
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:
(a) the end of the selection open period for that process;
(b) if the person is selected as a selected participant for that process—when the person is selected;
(c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;
(d) if the person dies before the person is selected as a selected participant for that process—when the person dies.
Division 4—Selection of registered participants
13 Selected participants
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.
Note 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.
Note 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.
14 Selection open period
(1) A Treaty stream visa pre‑application process must involve a finite selection open period for the process.
(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.
15 Notice of selection
(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.
(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.
(3) The date specified under subsection (2) must be at least 30 days after the day the notice is given.
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