Document ID: chunk:federal_register_of_legislation:F2024L01619:clause:1_9
Version: federal_register_of_legislation:F2024L01619
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 6276–8928

9  Manner in which application for Class EN visa must be made
 (1) For the purposes of paragraph 1114B(3)(a) of Schedule 1 to the Regulations, subsections (2) and (3) specify the manner in which an application must be made.
 (2) Subject to subsection (3), an application must be made as an Internet application.
 (3) If subsection (4) or (5) applies, and if:
           1.      an officer has sent an authorisation for a person (the applicant) to make an application in accordance with this subsection; and
           2.     the authorisation in paragraph (a) is sent by an email from e186.Manual.Lodgement@homeaffairs.gov.au, then it is specified that the applicant may instead make an application by:
 (i) using the form specified in subsection 8(2), as provided with the authorising email; and
 (ii) emailing the completed application to e186.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and
 (iii) including in the email a copy of the authorising email sent by the Department that includes the name and position number of the officer who sent the authorising email;
the application must be made in the manner specified in paragraph (b).
 (4) This subsection applies if:
          (a) the Department has identified a problem with its Internet application systems; and
          (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and
          (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and
          (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department, or if the problem is identified on a day that is not a business day – by the end of the next business day following the day the problem is identified; and
          (e) either:
 (i)  the applicant will become an unlawful non-citizen on, or before, the next business day after the day identified in paragraph (d); or
 (ii) the applicant will turn 45 on, or before, the next business day after the day identified in paragraph (d).
 (5) This subsection applies if:
          (a) a problem is identified by the Department with the Department's systems and the applicant is unable to make an Internet application as a result of that problem; and
          (b) the problem referred to in paragraph (a) is unable to be rectified by the Department; and
          (c) electronic lodgement of the application is not prevented by the Act or the Regulations.