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MIGRATION AMENDMENT REGULATIONS 2010 (NO. 2) (SLI NO 50 OF 2010)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 50

 

Issued by the Minister for Immigration and Citizenship

 

Migration Act 1958

 

Migration Amendment Regulations 2010 (No. 2)

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, regulations may be made pursuant to the provisions listed in Attachment A.

The purpose of the Regulations is to amend the Migration Regulations 1994 (the Principal Regulations) to improve the operation of immigration policy.

 

In particular, the Regulations make the following amendments to the Principal Regulations to:

 

·        ensure that a person who has been convicted of a child sex offence, or other serious offence indicating that the person might pose a significant risk to a child, cannot sponsor a child for a partner or child visa; and

·        make amendments to the student visa provisions to clarify certain criteria.

 

Details of the Regulations are set out in Attachment B.

 

The Regulations commence on 27 March 2010.

 

For Schedule 1 and 2, the Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklist were used to determine that there was low compliance cost on business and impact on competition in relation to these amendments.

 

The Australian Federal Police, CrimTrac and the Attorney-General’s Department were consulted in relation to the amendments made by Schedule 1 to the Regulations. No other external stakeholders were required to be consulted.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

Authority: Subsection 504(1) of the

Migration Act 1958

 

 


ATTACHMENT A

In addition the following provisions may apply:

·        section 31 of the Act, which deals with classes of visa, in particular:

o       subsection 31(3) of the Act , which provides that the regulations may prescribe criteria for a visa or visas of a specified class (which, without limiting the generality of this subsection, may be a class provided for by sections 32, 36, 37, or 37A but not by sections 33, 34, 35 or 38 of the Act);

·        subsection 40(1) of the Act, which provides that the regulations may provide that visas or visas of a specified class may only be granted in specified circumstances;

·        subsection 41(1) of the Act, which provides that regulations may provide that visas, or visas of a specified class, are subject to specified conditions;

·        subsection 46(3) of the Act, which provides that the regulations may prescribe criteria that must be satisfied for an application for a visa of a specified class to be a valid application; and

·        subsection 65(1) of the Act, which provides that if the Minister, after considering a valid application for a visa, is satisfied that the relevant criteria are met, then he must grant the visa or if not so satisfied, then the Minister is to refuse to grant the visa.


ATTACHMENT B

 

Details of the Migration Amendment Regulations 2010 (No. 2)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Migration Amendment Regulations 2010 (No. 2).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on 27 March 2010.

 

Regulation 3 – Amendment of Migration Regulations 1994 – Schedule 1

 

Subregulation 3(1) provides that the Migration Regulations 1994 (the Principal Regulations) are amended as set out in Schedule 1.

 

Subregulation 3(2) provides that the amendments made by Schedule 1 apply in relation to an application for a visa made on or after 27 March 2010.

 

Regulation 4 – Amendment of Migration Regulations 1994 – Schedule 2

 

Subregulation 4(1) provides that the Principal Regulations are amended as set out in Schedule 2.

 

Subregulation 4(2) provides that the amendments made by

 

·        items [1] to [10] and [12] to [14] of Schedule 2 applies in relation to an application for a visa made on or after 27 March 2010; and

·        item [11] of Schedule 2 apply in relation to a student visa, if the Minister is considering cancelling the visa under section 116 of the Migration Act 1958) on or after 27 March 2010.

 

Schedule 1 – Amendments – Sponsors of Concern

Item [1] – After regulation 1.20KA

This item inserts new regulation 1.20KB after regulation 1.20KA in Division 1.4B of Part 1 of the Principal Regulations.

New regulation 1.20KB provides for a limitation on the approval of a sponsorship of a child, partner or prospective marriage visa applicant, where an applicant is under 18 years of age. The purpose of new regulation 1.20KB is to prevent sponsorship of a child by a person who has been convicted of a serious offence indicating that the person might pose a risk to a child.

New subregulation 1.20KB(1) applies in relation to an application for any of the following visas if the primary applicant or a secondary applicant is under 18 years of age at the time of application:

-         a Child (Migrant) (Class AH) visa;

-         a Child (Residence) (Class BT) visa;

-         an Extended Eligibility (Temporary) (Class TK) visa;

-         a Partner (Temporary) (Class UK) visa;

-         a Prospective Marriage (Temporary) (Class TO) visa; and

-         a Partner (Provisional) (Class UF) visa.

“Primary applicant” is defined in new subregulation 1.20KB(13) as the applicant seeking to satisfy the primary criteria for the visa and “secondary applicant” is defined as an applicant seeking to satisfy the secondary criteria for the visa in relation to the primary applicant.

New subregulation 1.20KB(1) also applies to an application for the approval of a sponsorship in relation to that application for a visa.

New subregulation 1.20KB(2) provides that the Minister for Immigration and Citizenship must refuse to approve the sponsorship of all applicants for the visa if the sponsor has been charged with a registrable offence, unless none of the applicants is under 18 at the time of decision on the application for approval of the sponsorship, or the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.

“Registrable offence” is defined in new subregulation 1.20KB(13) as an offence that is a registrable offence or reportable offence within the meaning of state and territory legislation dealing with registrable or reportable offences.

The purpose of new subregulation 1.20KB(2) is to ensure that a sponsorship is not approved while the sponsor is the subject of an outstanding charge for a registrable offence. If the charge is withdrawn, dismissed or otherwise disposed of without the recording of a conviction after a decision has been made to refuse the sponsorship, the sponsor would have the option to re-apply for approval of the sponsorship.

New subregulation 1.20KB(3) provides that if the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa, unless none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship, or the conviction has been quashed or otherwise set aside.

New subregulation 1.20KB(4) provides that despite new subregulation 1.20KB(3), the Minister may decide to approve the sponsorship if:

-         the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole or licence) more than 5 years before the date of the application for approval of the sponsorship; and

-         the sponsor has not been charged with a registrable offence since the sponsor completed that sentence; and

-         there are compelling circumstances affecting the sponsor or the applicant.

New subregulation 1.20KB(5) provides that despite new subregulation 1.20KB(3), the Minister may decide to approve the sponsorship if:

-         the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole or licence) more than 5 years before the date of the application for approval of the sponsorship; and

-         if the sponsor has been charged with a registrable offence since the sponsor completed that sentence – the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and

-         there are compelling circumstances affecting the sponsor or the applicant.

The purpose of new subregulations 1.20KB(3), (4) and (5) is to ensure that refusal of the sponsorship is mandatory if 5 years or less have passed since the sponsor completed the sentence imposed for the registrable offence. If more than 5 years have passed since that time, the Minister may approve the sponsorship if the sponsor has not re-offended and there are compelling circumstances affecting the sponsor or the visa applicant.

New subregulation 1.20KB(6) provides that new subregulations 1.20KB(7) to 1.20KB(10) do not apply in relation to an application for a Partner (Temporary) (Class UK) visa, a Prospective Marriage (Temporary) (Class TO) visa, or a Partner (Provisional) (Class UF) visa. New subregulations 1.20KB(7) to (10) applies to the spouse or de facto partner charged or convicted of a registrable offence.

The purpose of assessing the spouse or de facto partner of the sponsor where the sponsorship relates to an application for a child visa, is to prevent a person who has been charged or convicted with a registrable offence from circumventing the new limitation on sponsorship by getting their spouse or de facto partner to sponsor the child instead.

New subregulation 1.20KB(7) provides that if the spouse or de facto partner of the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all the applicants for the visa unless none of the applicants for the visa is under 18 at the time of the decision on the application for approval of the sponsorship or the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.

The purpose of new subregulation 1.20KB(7) is to ensure that a sponsorship that relates to a child visa is not approved while the spouse or de facto partner of the sponsor is the subject of an outstanding charge for a registrable offence. If the charge against the spouse or de facto partner is withdrawn, dismissed or otherwise disposed of without the recording of a conviction after a decision has been made to refuse the sponsorship, the sponsor would have the option to re-apply for approval of the sponsorship.

New subregulation 1.20KB(8) provides that subject to subregulations (9) and (10), if the spouse or de facto partner of the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all the applicants for the visa unless none of the applicants for the visa is under 18 at the time of the decision on the application for approval of the sponsorship or the conviction has been quashed or otherwise set aside.

New subregulation 1.20KB(9) provides that despite new subregulation 1.20KB(8), the Minister may decide to approve the sponsorship if:

-         the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and

-         the spouse or de facto partner has not been charged with a registrable offence since the sponsor completed that sentence; and

-         there are compelling circumstances affecting the sponsor or the applicant.

New subregulation 1.20KB(10) also provides that despite new subregulation 1.20KB(8), the Minister may decide to approve the sponsorship if:

-         the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and

-         the spouse or de facto partner has been charged with a registrable offence since the sponsor or de facto partner completed that sentence – the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and

-         there are compelling circumstances affecting the sponsor or the applicant.

The purpose of new subregulations 1.20KB(8), (9) and (10) is to ensure that refusal of the sponsorship is mandatory if 5 years or less have passed since the spouse or de facto partner of the sponsor completed the sentence imposed for the registrable offence. If more than 5 years have passed since that time, the Minister may approve the sponsorship if the spouse or de facto partner has not re-offended and there are compelling circumstances affecting the sponsor or the visa applicant.

New subregulation 1.20KB(11) provides that in determining whether a sponsor, or the spouse or de factor partner of a sponsor, has been charged with, or convicted of, a registrable offence, the Minister may request the sponsor or the spouse or de factor partner to provide a police check from:

-         a jurisdiction in Australia specified in the request; or

-         a country, specified in the request, in which the sponsor or the spouse or de facto partner has lived for a period, or a total period, of at least 12 months.

New subregulation 1.20KB(12) provides that in addition to other reasons set out in this regulation for refusing to approve a sponsorship, the Minister may refuse to approve the sponsorship of all applicants for a visa if:

-         the Minister has requested a police check for the sponsor or the sponsor’s spouse or de facto partner; and

-         the sponsor or the sponsor’s spouse or de facto partner does not provide the police check within a reasonable time.

The purpose of new subregulations 1.20KB(11) and (12) is the to ensure that the Minister can require the sponsor, or the spouse or de facto partner of the sponsor, to provide the information needed to assess the criminal history of the sponsor, or the spouse or de facto partner of the sponsor, in relation to registrable offences.

Subregulation 1.20KB(13) provides that the term “primary applicant”, for a visa, means the applicant seeking to satisfy the primary criteria for the visa.


Subregulation 1.20KB(13) also provides a definition for the term “registrable offence” to mean any of the following:

-         an offence that is a registrable offence within the meaning of any of the following Acts, or an offence that would be a registrable offence under any of the following Acts if it were committed in that jurisdiction:

 

·        the Child Protection (Offender Registration) Act 2000 (NSW);

·        the Sex Offenders Registration Act 2004 (VIC)

·        the Child Sex Offenders Registration Act 2006 (SA);

·        the Crimes (Child Sex Offenders) Act 2005 (ACT);

-         an offence that is a reportable offence within the meaning of any of the following Acts, or an offence that would be a reportable offence under any of the following Acts if it were committed in that jurisdiction:

 

·        the Child Protection (Offender Reporting) Act 2004 (QLD);

·        the Community Protection (Offender Reporting) Act 2004 (WA);

·        the Community Protection (Offender Reporting) Act 2005 (TAS);

·        the Child Protection (Offender Reporting and Registration) Act (NT).

This definition is intended to capture offences, including offences against a child, that if committed in the relevant jurisdiction would lead to registration on the Australian National Child Offender Register.

Subregulation 1.20KB(13) also provides that the term “secondary applicant”, for a visa, means an applicant seeking to satisfy the secondary criteria for the visa in relation to the primary applicant.

Item [2] – Schedule 2, after clauses 101.222, 102.222 and 117.222

This item inserts a new note after clauses 101.222, 102.222 and 117.222 in Schedule 2 to the Principal Regulations.

Current clauses 101.222, 102.222 and 117.222 specify the time of decision criterion relating to the approval of sponsorship to be satisfied by applicants for a Subclass 101 (Child), a Subclass 102 (Adoption) and Subclass 117 (Orphan Relative) visa.

The note advises that new regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

Item [3] – Schedule 2, clauses 3000.222 and 309.222, note

This item substitutes the note after clauses 300.222 and 309.222 in Schedule 2 to the Principal Regulations.

Current clauses 300.222 and 309.222 specify the time of decision criterion relating to the approval of sponsorship to be satisfied by applicants for a Subclass 300 (Prospective Marriage) and a Subclass 309 (Partner) (Provisional) visa.

This item adds a reference to new regulation 1.20KB to the note. The substituted note advises that new regulations 1.20J, 1.20KA and 1.20KB limit the Minister’s discretion to approve sponsorships.

Item [4] – Schedule 2, after clauses 445.224 and 802.226

This item inserts a new note after clauses 445.224 and 802.226 in Schedule 2 to the Principal Regulations.

Current clauses 445.224 and 802.226 specify the time of decision criterion relating to the approval of sponsorship to be satisfied by applicants for a Subclass 445 (Dependent Child) and Subclass 802 (Child) visa.

The note advises that new regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

Item [5] – Schedule 2, clause 820.221A, note

This item substitutes the note after clause 820.221A in Schedule 2 to the Principal Regulations.

Current clause 820.221A specifies the time of decision criterion relating to the approval of sponsorship to be satisfied by an applicant for a Subclass 820 (Partner) visa.

This item adds a reference to new regulation 1.20KB to the note. The substituted note advises that regulations 1.20J, 1.20KA and 1.20KB limit the Minister’s discretion to approve sponsorships.

Item [6] – Schedule 2, after clause 837.226

This item inserts a new note after clause 837.226 in Schedule 2 to the Principal Regulations.

Current clause 837.226 specifies the time of decision criterion relating to the approval of sponsorship to be satisfied by an applicant for a Subclass 837 (Orphan Relative) visa.

The note advises that new regulation 1.20KB limits the Minister’s discretion to approve sponsorships.

 

Schedule 2 – Amendments – student integrity measures

Item [1] – Regulation 1.03, definition of assessment level

This item substitutes the definition of assessment level with a new definition in regulation 1.03 in Division 1.2 of Part 1 to the Principal Regulations.

New definition of assessment level means for a student visa, the level of assessment (being 1, 2, 3, 4 or 5) specified for a kind of eligible passport for the student visa under regulation 1.41.

Regulation 1.41 enables the Minister to specify assessment levels for applicants of a student visa who hold an eligible passport. An eligible passport is prescribed under regulation 1.40(1) and is specified in an instrument in writing.

The purpose of this amendment is to clarify that an applicant for a student visa must satisfy the assessment level that is relevant to the passport the applicant holds.

Item [2] – Regulation 1.03, definition of education sector

This item omits the definition of education sector in regulation 1.03 in Division 1.2 of Part 1 to the Principal Regulations.

The purpose of this amendment is technical as this definition is no longer required as each of these sectors is reflected in the name of each subclass of visa.

Item [3] – Regulation 1.03, after definition of eligible New Zealand citizen

This item inserts a new definition of eligible passport in regulation 1.03 in of Part 1 Division 1.2 to the Principal Regulations.

The purpose of this amendment is to refer the reader to regulation 1.40 where eligible passport is defined.

Item [4] – Regulation 1.03, after definition of guest of Government

This item inserts a new definition of highest assessment level in regulation 1.03 in Division 1.2 of Part 1 to the Principal Regulations.

New paragraph 1.03(a) provides that an applicant for a student visa who is studying a single course must satisfy the assessment level in relation to that course.

New definition of highest assessment level at paragraph 1.03(a) defines the highest assessment level to mean for an applicant for a student visa where the applicant proposes to undertake a course of study that is a registered course the assessment level for that course of study.

New paragraph 1.03(b) provides that where an applicant packages 2 or more courses together they must satisfy the assessment level that is the highest assessment level.

New definition of highest assessment level at 1.03(b) defines the highest assessment level to mean for an applicant for a student visa where the applicant proposes to undertake 2 or more courses of study that are registered courses and that do not include an ELICOS the assessment level for those courses which is the highest number from 1 to 5.

New paragraph 1.03(c) provides that where an applicant packages 2 or more courses and one of those courses is an ELICOS course the highest assessment level is the highest for the package excluding the ELICOS course.

New definition of highest assessment level at paragraph 1.03(c) defines the highest assessment level to mean where the applicant proposes to undertake 2 or more courses of study that are registered courses and that include an ELICOS the assessment level for those courses which is the highest number from 1 to 5, not including the ELICOS course.

The purpose of the amendment is to clarify the assessment level that is relevant for each subclass of visa in relation to the proposed courses of study. This ensures that the applicant for a student visa is required to satisfy the highest assessment level in relation to their proposed course of study. However, where the applicant for a student visa includes an ELICOS course in the proposed course of study the ELICOS assessment level would not be taken into consideration for this definition.

ELICOS is defined in regulation 1.03 to mean an English Language Intensive Course for Overseas Students that is a registered course.

Item [5] – Regulation 1.03, after definition of relevant assessing authority

This item inserts a new definition of relevant course of study in regulation 1.03 in Division 1.2 of Part 1 to the Principal Regulations.

New definition of relevant course of study means that the type of course is specified by the Minister for each subclass of visa.

The purpose of this amendment is to refer the reader to the gazette notice under regulation 1.40A where the Minister has specified in writing the relevant course of study for each subclass of student visa.

Item [6] – Regulation 1.03, definition of student visa

This item substitutes the definition of student visa with a new definition in regulation 1.03 in Division 1.2 of Part 1 to the Principal Regulations.

New definition of student visa means any of the following subclasses of visa 570, 571, 572, 573, 574, 575 and 576.

This amendment updates the definition to reflect student visas that are able to be granted. In effect the new definition removes references to subclasses 560, 562 and 563 as these subclasses were omitted on 1 July 2001.

Item [7] – Subregulation 1.40(2)

This item inserts or occupational trainee has undertaken a course of study that is a registered course after the words is a registered course in subregulation 1.40(2) in Division 1.40 of Part 1 to the Principal Regulations.

The item, together with the provisions in Division 442, clarifies that the definition of principal course is relevant to an applicant for an occupational trainee visa to the extent where the applicant is in Australia and previously held a student visa their proposed work experience (as a holder of the Occupational Trainee visa) must be related to the principal course of study the applicant completed as a holder of the student visa. This item maintains the current policy and only seeks to clarify the definition from a legal perspective.

Item [8] – Paragraph 1.40(3)(a)

This item inserts or an occupational trainee has undertaken two or more courses of study that are registered courses after the words registered courses in paragraph 1.40(2)(a) in Division 1.40 of Part 1 to the Principal Regulations.

This item, together with the provisions in Division 442, clarifies that the definition of principal course is relevant to an applicant for an occupational trainee visa to the extent where the applicant is in Australia and previously held a student visa for their proposed work experience (as a holder of the Occupational Trainee visa) must be related to the principal course of study the applicant completed as a holder of the student visa. This item maintains the current policy and only seeks to clarify the definition from a legal perspective.

Item [9] – Regulation 1.40A, heading

This item substitutes the heading Courses for education sectors to be specified by Minister to new heading Courses to be specified by Minister in regulation 1.40 in Part 1 Division 1.8 of Part 1 to the Principal Regulations.

This is a technical change which includes a new heading that more accurately reflects the content and purpose of the provision.

Item [10] – Regulation 1.40A

This item omits the words Gazette Notice and inserts an instrument in writing in regulation 1.40 in Division 1.08 of Part 1 to the Principal Regulations.

This is a technical change to reflect that Gazette Notices have been replaced with an instrument in writing under the Legislative Instruments Act 2003.

Item [11] – Subregulations 1.42(1)

This item substitutes subregulation 1.42(1) with a new subregulation in Division 1.8 of Part 1 to the Principal Regulations.

New subregulation 1.42(1) requires an applicant for a student visa who seeks to satisfy the primary criteria would be at the time of application subject to the highest assessment level for the relevant course of study for the subclass of student visa.

The effect of this provision is to ensure that a primary applicant for a student visa satisfies the highest assessment level for the course of study that relates to the student visa at the time of application.

Item [12] – Subregulation 1.44(1)

This item substitutes subregulation 1.44(1) with a new subregulation in Division 1.6 of Part 1 to the Principal Regulations.

New subregulation 1.44(1) provides that an applicant for a student visa who seeks to satisfy the primary criteria for a subclass of visa must give evidence in accordance with the requirements set out in Schedule 5A for the highest assessment level for the applicant.

This amendment provides that all primary applicants for a student visa are required to give the evidence specified in Schedule 5A for the highest assessment level applicable to the applicant at the time of making their application.

Item [13] – after subregulation 2.43(1B)

This item inserts new subregulation 2.43(1D) in Division 2.9 of Part 2 to the Principal Regulations.

New subregulation consists of four paragraphs. New paragraph 2.43(1D)(a) provides that for subsection 116(1A) of the Act, the Minister may have regard to the following matters in determining whether he or she is satisfied as mentioned in paragraph 116(1)(fa) of the Act, the holder of a student visa has deferred or temporarily suspended his or her study because of the conduct of the visa holder.

New paragraph 2.43(1D)(b) provides that for subsection 116(1A) of the Act, the Minister may have regard to the following matters in determining whether he or she is satisfied as mentioned in paragraph 116(1)(fa) of the Act, the holder of a student visa has deferred or temporarily suspended his or her study for circumstances other than compassionate or compelling circumstances.

New paragraph 2.43(1D)(c) provides that for subsection 116(1A) of the Act, the Minister may have regard to the following matters in determining whether he or she is satisfied as mentioned in paragraph 116(1)(fa) of the Act the holder of a student visa has deferred or temporarily suspended his or her study for circumstances, and the Minister is satisfied that the circumstances have ceased to exist.

New subparagraphs 2.43(1D)(d) provides that for subsection 116(1A) of the Act, the Minister may have regard to the following matters in determining whether he or she is satisfied as mentioned in paragraph 116(1)(fa) of the Act participation by the holder of a student visa in a course of study has been deferred or temporarily suspended by the provider of the course of study because of the conduct of the holder or on the basis of evidence or document given to the provider about the holder’s circumstances, and the Minister is satisfied that the evidence or document is fraudulent or misrepresents the holder’s circumstances.

Section 116 of the Act relates to the power to cancel visas. Paragraph 116(1)(fa) provides that in the case of a student visa the visa may be cancelled where the holder is not, or is likely not to be a genuine student or the holder is engaged, is engaging in, or is likely to engage, while in Australia, in conduct (including omissions) not contemplated by the visa.

This amendment provides grounds to cancel a visa where the education provider defers or suspends the study of a student visa holder for their reasons of their conduct or for reasons other than compelling or compassionate circumstances or where the Minister is satisfied the compassionate or compelling circumstances have ceased to exist or there is fraud surrounding the circumstances of the student visa holders circumstances.

If a visa holder’s visa is cancelled under section 116 of the Act, they may only apply for another visa prescribed under section 48 of the Act.

Item [14] – Schedule 2, paragraph 570.227(b)

This item substitutes paragraph 570.227(b) with a new paragraph in Part 560 of Schedule 2 to the Principal Regulations.

New paragraph 570.227(b) provides that the applicant is subject to the highest assessment level for the relevant course of study. Clause 570.227 and new clause 570.227A (inserted by item 17) provides that if an applicant has made an application in Australia, is subject to an assessment level higher than assessment level 1 for their course of study and they hold a prescribed visa they must establish exceptional circumstances for the grant of the visa.

Item [15] – Schedule 2, after clause 570.227

This item inserts new clause 570.227A in Part 570 of Schedule 2 to the Principal Regulations.

New clause 570.227A clarifies paragraph 570.227(b) inserted above to provide that the highest assessment level does not include assessment level 1.

This clarifies that applicants who lodged their application in Australia and are subject to assessment level 1 do not have to establish exceptional reasons to be eligible for the grant of the visa.

Item [16] – Schedule 2, paragraph 571.223(2)(a)

This item substitutes paragraph 571.223(2)(a) of Schedule 2 to the Principal Regulations.

The new paragraph provides that for an applicant who is not a person designated under regulation 2.07AO, the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant.

This amendment ensures that an applicant for a student visa provides the Minister with evidence that they are able to satisfy the evidentiary requirements specified in Schedule 5A at the highest assessment level in relation to the selected course of study relevant to the applicant.

Schedule 5A specifies the evidentiary requirements for student visas and includes English language proficiency, financial capacity and other requirements.

Regulation 2.07AO limits applications for certain substantive visas by specified persons.

Item [17] – Schedule 2, paragraph 571.227(b)

This item substitutes paragraph 571.227(b) with a new paragraph in Part 571 of Schedule 2 to the Principal Regulations.

New paragraph 570.227(b) provides that the applicant is subject to the highest assessment level for the relevant course of study. Clause 571.227 and new clause 571.227A (inserted by item 18) provides that if an applicant has made an application in Australia, is subject to an assessment level higher than assessment level 1 for their course of study and they hold a prescribed visa they must establish exceptional circumstances for the grant of the visa.

Item [18] – Schedule 2, after clause 571.227

This item inserts new clause 571.227A in Part 571 of Schedule 2 to the Principal Regulations.

New clause 571.227A clarifies paragraph 571.227(b) (inserted by item 17) to provide that the highest assessment level does not include assessment level 1.

This clarifies that applicants who lodged their application in Australia and are subject to assessment level 1 do not have to establish exceptional reasons to be eligible for the grant of the visa.

 

Item [19] – Schedule 2, paragraph 572.223(2)(a),

This item substitutes paragraph 572.223(2)(a) in Part 572 of Schedule 2 to the Principal Regulations.

The new paragraph provides that for an applicant who is not a person designated under regulation 2.07AO, the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant.

This amendment ensures that an applicant for a student visa provides the Minister with evidence that they are able to satisfy the evidentiary requirements specified in Schedule 5A at the highest assessment level in relation to the selected course of study relevant to the applicant.

Schedule 5A specifies the evidentiary requirements for student visas and includes English language proficiency, financial capacity and other requirements.

Regulation 2.07AO limits applications for certain substantive visas by specified persons.

Item [20] – Schedule 2, paragraph 572.227(b)

This item substitutes paragraph 572.227(b) with a new paragraph in Part 572 of Schedule 2 to the Principal Regulations.

New paragraph 572.227(b) provides that the applicant is subject to the highest assessment level for the relevant course of study. Clause 572.227 and new clause 572.227A (inserted by item 19) provides that if an applicant has made an application in Australia, is subject to an assessment level higher than assessment level 1 for their course of study and they hold a prescribed visa they must establish exceptional circumstances for the grant of the visa.

Item [21] – Schedule 2, after clause 572.227

This item inserts new clause 572.227A in Part 572 of Schedule 2 to the Principal Regulations.

New clause 572.227A clarifies paragraph 572.227(b) (inserted by item 20) to provide that the highest assessment level does not include assessment level 1.

This clarifies that applicants who lodged their application in Australia and are subject to assessment level 1 do not have to establish exceptional reasons to be eligible for the grant of the visa.

Item [22] – Schedule 2, paragraph 573.223(2)(a)

This item substitutes paragraph 573.223(2)(a) in Part 573 of Schedule 2 to the Principal Regulations.

The new paragraph provides that for an applicant who is not a person designated under regulation 2.07AO, the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant.

This amendment ensures that an applicant for a student visa provides the Minister with evidence that they are able to satisfy the evidentiary requirements specified in Schedule 5A at the highest assessment level in relation to the selected course of study relevant to the applicant.

Schedule 5A specifies the evidentiary requirements for student visas and includes English language proficiency, financial capacity and other requirements.

Regulation 2.07AO limits applications for certain substantive visas by specified persons.

Item [23] – Schedule 2, paragraph 573.227(b)

This item substitutes paragraph 573.227(b) with a new paragraph in Part 573 of Schedule 2 to the Principal Regulations.

New paragraph 573.227(b) provides that the applicant is subject to the highest assessment level for the relevant course of study. Clause 573.227 and new clause 573.227A (inserted by item 20) provides that if an applicant has made an application in Australia, is subject to an assessment level higher than assessment level 1 for their course of study and they hold a prescribed visa they must establish exceptional circumstances for the grant of the visa.

Item [24] – Schedule 2, after clause 573.227

This item inserts new clause 573.227A in Part 573 of Schedule 2 to the Principal Regulations.

New clause 573.227A clarifies paragraph 573.227(b) (inserted by item 23) to provide that the highest assessment level does not include assessment level 1.

This clarifies that applicants who lodged their application in Australia and are subject to assessment level 1 do not have to establish exceptional reasons to be eligible for the grant of the visa.

Item [25] – Schedule 2, paragraph 574.223(2)(a)

This item substitutes paragraph 574.223(2)(a) in Part 574 of Schedule 2 to the Principal Regulations.

The new paragraph provides that for an applicant who is not a person designated under regulation 2.07AO, the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant.

This amendment ensures that an applicant for a student visa provides the Minister with evidence that they are able to satisfy the evidentiary requirements specified in Schedule 5A at the highest assessment level in relation to the selected course of study relevant to the applicant.

Schedule 5A specifies the evidentiary requirements for student visas and includes English language proficiency, financial capacity and other requirements.

Regulation 2.07AO limits applications for certain substantive visas by specified persons.

 

Item [26] – Schedule 2, paragraph 574.227(b)

This item substitutes paragraph 574.227(b) with a new paragraph in Part 574 of Schedule 2 to the Principal Regulations.

New paragraph 574.227(b) provides that the applicant is subject to the highest assessment level for the relevant course of study. Clause 574.227 and new clause 574.227A (inserted by item 21) provides that if an applicant has made an application in Australia, is subject to an assessment level higher than assessment level 1 for their course of study and they hold a prescribed visa they must establish exceptional circumstances for the grant of the visa.

Item [27] – Schedule 2, after clause 574.227

This item inserts new clause 574227A in Part 574 of Schedule 2 to the Principal Regulations.

New clause 574227A clarifies paragraph 574.227(b) inserted above to provide that the highest assessment level does not include assessment level 1.

This clarifies that applicants who lodged their application in Australia and are subject to assessment level 1 do not have to establish exceptional reasons to be eligible for the grant of the visa.

Item [28] – Schedule 2, paragraph 575.223(2)(a)

This item substitutes paragraph 575.223(2)(a) with a new paragraph in Part 575 of Schedule 2 to the Principal Regulations.

The new paragraph provides that the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant.

This amendment ensures that an applicant for a student visa provides the Minister with evidence that they are able to satisfy the evidentiary requirements specified in Schedule 5A at the highest assessment level in relation to the selected course of study relevant to the applicant.

Schedule 5A specifies the evidentiary requirements for student visas and includes English language proficiency, financial capacity and other requirements.

Item [29] – Schedule 2, paragraph 575.227(b)

This item substitutes paragraph 575.227(b) with a new paragraph in Part 575 of Schedule 2 to the Principal Regulations.

New paragraph 575.227(b) provides that the applicant is subject to the highest assessment level for the relevant course of study. Clause 575.227 and new clause 575.227A (inserted by item 22) provides that if an applicant has made an application in Australia, is subject to an assessment level higher than assessment level 1 for their course of study and they hold a prescribed visa they must establish exceptional circumstances for the grant of the visa.

Item [30] – Schedule 2, after clause 575.227

This item inserts new clause 575.227A in Part 575 of Schedule 2 to the Principal Regulations.

New clause 575.227A clarifies paragraph 575.227(b) (inserted by item 29) to provide that the highest assessment level does not include assessment level 1.

This clarifies that applicants who lodged their application in Australia and are subject to assessment level 1 do not have to establish exceptional reasons to be eligible for the grant of the visa.


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