Part 1—Preliminary
(1) This instrument is Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020.
(2) This instrument may be cited as LIN 20/122.
This instrument commences on the day after signature.
This instrument is made under the following provisions of the Regulations:
(a) paragraph 408.229(b) of Schedule 2;
(b) paragraph 408.229(c) of Schedule 2;
(c) subregulation 2.07(5).
In this instrument:
Note: The expressions temporary visa and visa application charge are defined in subsection 5(1) of the Migration Act 1958.
COVID-19 pandemic means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID-19.
Regulations means the Migration Regulations 1994.
Part 2—Event, class of persons and visa application charge
For paragraph 408.229(b) of Schedule 2 to the Regulations, the COVID-19 pandemic is specified.
For paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant for a Subclass 408 visa is in a class of persons in relation to the event specified in section 5 if, at the time of application, the applicant is:
(a) in Australia; and
(b) unable to depart Australia as a result of the COVID-19 pandemic; and
(c) either:
(i) the holder of a temporary visa that is 28 days or less from ceasing to be in effect; or
(ii) was the holder of a temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and
(d) unable to make a valid application, or meet the Schedule 2 criteria, for:
(i) a visa of the same Subclass as the visa mentioned in paragraph (c); or
(ii) a temporary visa of any other Subclass other than a Subclass 408 visa.
The class of persons in section 6 is specified for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations.
Note: Subparagraph 1237(2)(a)(i) provides that the first instalment amount of the visa application charge is nil for a person in a class of persons specified in a legislative instrument made for the purposes of that subparagraph.
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