Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Amendment Instrument (LIN 23/061) 2023

Section 2.07(5) of the Migration Regulations states that if Schedule 1 prescribes criteria based on a legislative instrument made under Section 2.07(5), the Minister can specify:

  • The application form for a specific visa type.
  • How to submit an application for that visa.
  • The location for submitting the visa application.
  • Any other relevant details.

LIN 22/046 defines the COVID-19 pandemic as an ‘Australian Government endorsed event’ (AGEE) for certain visa types and specifies who may be eligible for a Subclass 408 (Temporary Activity) visa.

For Subclass 408 visa applicants: To qualify, you must fall under a specific category defined in Schedule 2 of the Migration Regulations, particularly clause 408.229. This applies if you plan to work directly related to the AGEE, as long as the Minister specifies the AGEE and your eligibility in a legislative instrument.

Regarding subclause 9204(2): The Minister can, through legislative instrument, identify an event for paragraph (b) of the definition of ‘COVID-19 pandemic event 408 visa’ in subclause 9204(1).

Subclause 9204(1) defines the ‘COVID-19 pandemic event 408 visa’ as a Subclass 408 (Temporary Activity) visa granted based on clause 408.219A of Schedule 2 related to the COVID-19 pandemic, as specified in section 5 of LIN 22/046.

LIN 23/061 aims to amend LIN 22/046 by gradually closing the COVID-19 pandemic event 408 visa starting from September 2, 2023. This change encourages individuals to apply for more suitable visas based on their circumstances.

The COVID-19 pandemic event 408 visa, introduced in April 2020, allowed temporary migrants to stay in Australia during border closures and address labor shortages. As Australia’s borders have reopened and temporary visa numbers returned to pre-COVID levels, this visa is no longer necessary.

Closing the Pandemic event visa helps manage Australia’s migration system better, ensuring people apply for the right visa for their travel and stay purposes, and enhances the visa system’s integrity by preventing misuse, particularly in the English language education sector.

Written by Ross Ahmadzai

2 Sep, 2023

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