Migration Regulations 1994

The applicant satisfies the criteria in subclauses (2) to (7).

The applicant:

continues to satisfy the criteria in subclause 417.211(4); and

unless paragraph 417.211(1A)(b) or (c) applies—continues to satisfy the criteria in subclauses 417.211(5) and (6); and

satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019 and 4020.

The applicant holds a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of subclause 417.211(2).

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

Approval of the application would not result in either:

the number of Subclass 417 visas granted in a financial year exceeding the maximum number of Subclass 417 visas, as determined by an instrument in writing, that may be granted in that financial year; or

the number of visas of particular classes, including Subclass 417, granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing, that may be granted in that financial year.

If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.

The Minister may waive the requirements of subclause (6) if the Minister is satisfied that, in the particular case, waiver is justified by:

compelling circumstances that affect the interests of Australia; or

compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.