Commonwealth Coat of Arms of Australia

 

LIN 25/020

 

Migration (Subclass 192 (Pacific Engagement) Visa Preapplication Process—Pacific Engagement Stream) Determination 2025

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

 

 

 

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

Part 2—Rules for the conduct of visa pre-application process

Division 1—Introduction

6  Purpose of this Part

7  Specified visa preapplication process to which rules apply

Division 2—Country to which visa preapplication process relates

8  Visa preapplication process must be in relation to a country

Division 3—Registration of participants

9  Registered participants

10  Eligibility requirements

11  Registration open period

12  Withdrawal of registration

13  Duration of registration

Division 4—Selection of registered participants

14  Selected participants

15  Selection open period

16  Notice of selection

Part 3—Application and transitional provisions

17  Repeal of LIN 24/011

Schedule 1—Eligibility requirements—person or parent born in specified country

Schedule 2—Repeals

Migration (Subclass 192 (Pacific Engagement) Visa Pre-application Process) Determination (LIN 24/011) 2024

 

  This instrument is the Migration (Subclass 192 (Pacific Engagement) Visa Preapplication Process—Pacific Engagement Stream) Determination 2025.

  This instrument commences on 1 May 2025.

  This instrument is made under subsection 46C(14) of the Migration Act 1958.

Note: A number of expressions used in this instrument are defined in the Act, including visa preapplication process charge.

  In this instrument:

Act means the Migration Act 1958.

Pacific Engagement stream visa means a Subclass 192 (Pacific Engagement) visa in the Pacific Engagement stream as set out in Subdivision 192.22 of Schedule 2 to the Migration Regulations.

Pacific Engagement stream visa preapplication process means a process specified under section 7.

registered participant, for a particular Pacific Engagement stream visa preapplication process, has the meaning given by section 9.

registration open period, for a particular Pacific Engagement stream visa preapplication process, means the period during which the process is open for registration.

Note: See also section 11, which is about requirements for registration open periods.

selected participant, for a particular Pacific Engagement stream visa preapplication process, has the meaning given by section 14.

selection open period, for a particular Pacific Engagement stream visa preapplication process, means the period during which selection of participants for the process may take place.

Note: See also section 15, which is about requirements for selection open periods.

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

  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 preapplication process that is specified in section 7.

  For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa preapplication process conducted under subsection 46C(1) of the Act in relation to a Subclass 192 (Pacific Engagement) visa in the Pacific Engagement stream.

 (1) A Pacific Engagement stream visa preapplication process must be in relation to a single country.

Note: Multiple Pacific Engagement stream visa preapplication processes may be conducted (see subsection 46C(10) of the Act), including concurrent processes in relation to different countries.

 (2) The Minister must cause the country to which the Pacific Engagement stream visa preapplication process relates to be published on the Department’s website.

  A person is a registered participant for a particular Pacific Engagement stream visa preapplication 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 10;

 (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 preapplication 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 preapplication 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.

  The eligibility requirements for registration of a person as a registered participant in a particular Pacific Engagement stream visa preapplication process are all of the following:

 (a) the person holds a valid passport issued by the country to which that process relates;

 (b) the person is not a citizen of New Zealand;

 (c) the person, or a parent of the person, was born in a country specified in Schedule 1;

 (d) at the beginning of the registration open period for that process, the person is aged at least 18 and no more than 45.

 (1) A Pacific Engagement stream visa preapplication 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.

  A registered participant in a particular Pacific Engagement stream visa preapplication 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 preapplication process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.

  The registration of a person as a registered participant in a particular Pacific Engagement stream visa preapplication 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.

  A person is a selected participant for a particular Pacific Engagement stream visa preapplication 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 preapplication process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.

 (1) A Pacific Engagement stream visa preapplication 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.

 (1) As soon as practicable after a person is selected as a selected participant for a particular Pacific Engagement stream visa preapplication 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 Pacific Engagement stream.

 (3) The date specified under subsection (2) must be at least 30 days after the day the notice is given.


  Despite the repeal of Migration (Subclass 192 (Pacific Engagement) Visa Pre-application Process) Determination (LIN 24/011) 2024 (LIN 24/011) by Schedule 2 to this instrument, LIN 24/011 continues to apply in relation to a visa preapplication process, for a Subclass 192 (Pacific Engagement) visa, that was conducted before 1 May 2025.


 

Note: See paragraph 10(c).

1  Specified countries

  Each of the following countries is specified:

 (a) Australia;

 (b) Fiji;

 (c) Kiribati;

 (d) Marshall Islands, Republic of;

 (e) Micronesia, Federated States of;

 (f) Nauru;

 (g) New Zealand;

 (h) Palau;

 (i) Papua New Guinea;

 (j) Samoa;

 (k) Solomon Islands;

 (l) TimorLeste;

 (m) Tonga;

 (n) Tuvalu;

 (o) Vanuatu.


1  The whole of the instrument

Repeal the instrument