Turn the raw legal text into a practical explanation grounded in Migration (Subclass 403 (MATES Stream) Visa Pre-application Process) Determination (LIN 24/069) 2024.
I, Tony Burke, Minister for Immigration and Multicultural Affairs, make the following determination.
Dated 28 October 2024
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 the visa pre-application process
Division 1—Introduction
5 Purpose of this Part
6 Specified visa pre-application process to which the rules apply
Division 2—The visa pre-application process is in relation to the Republic of India
7 Visa pre-application process must be in relation to the Republic of India
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 403 (MATES Stream) Visa Pre-application Process) Determination (LIN 24/069) 2024.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument At the same time as the Migration Amendment (Mobility Arrangements for Talented Early-professionals Scheme) Regulations 2024
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
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.
MATES stream visa means a Subclass 403 (Temporary Work (International Relations)) visa in the Mobility Arrangement for Talented Early-professionals Scheme stream.
MATES stream visa pre-application process means a process specified under section 6.
registered participant, for a particular MATES stream visa pre-application process, has the meaning given by section 8.
registration open period, for a particular MATES stream visa pre-application process, means the period during which the process is open for registration.
Note: See also section 10 which is about the requirements for registration open periods.
selected participant, for a particular MATES stream visa pre-application process, has the meaning given by section 13.
selection 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.
Note: See also section 14 which is about the requirements for selection open periods.
Part 2—Rules for the conduct of the 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 the 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 MATES stream visa.
Division 2—The visa pre-application process is in relation to the Republic of India
7 Visa pre-application process must be in relation to the Republic of India
A MATES stream visa pre-application process must be in relation to the Republic of India.
Division 3—Registration of participants
8 Registered participants
A person is a registered participant for a particular MATES stream visa pre-application process if all of 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: 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 MATES stream visa pre-application process are all of the following:
(a) the person holds a valid passport issued by the Republic of India;
(b) at the beginning of the registration open period for that process, the person is aged at least 18 and no more than 30.
10 Registration open period
(1) A MATES 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 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.
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 MATES stream visa pre-application process lapses at the earliest of the following times:
(a) at 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 MATES 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 MATES stream visa pre-application process must involve a finite selection open period for that process.
(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.
15 Notice of selection
(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.
(2) The notice must specify the date by which the person must make a valid visa application for a MATES stream visa.
(3) The date specified under subsection (2) must be at least 28 days after the day on which the notice is given.