Migration (1993) Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 309 1

__________________

Migration (1993) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 17 November 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

____________

1.   Commencement

1.1   Subregulations 9.7, 9.8, 9.18 and 9.19 are taken to have commenced on 1 June 1993.

[NOTE:

 The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Migration (1993) Regulations are amended as set out in these Regulations.

3.    Regulation 1.3 (Interpretation)

3.1   Definition of “category A course”:

Omit the definition, substitute:

“ ‘category A course’, in relation to a person, means a course of education or training that:

• (a)

  is offered by an institution or other body or person in Australia that is a registered provider, for the purposes of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991, in respect of that course in respect of the State or Territory in which that person is undertaking, or proposes to undertake, it; and

• (b)

  is either:

  • (i)

    a course of primary or secondary education; or

  • (ii)

    a post-secondary course (having as an entry requirement the successful completion of Year 12 studies or the equivalent) leading to the award of a degree, diploma (including an associate diploma and a graduate diploma) or graduate certificate or to an equivalent award;

[NOTE: A current list of Category A courses appears in the Commonwealth Register of Institutions and Courses for Overseas Students kept under section 5 of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991.]”.

3.2   Definition of “category B course”:

Omit the definition, substitute:

“ ‘category B course’, in relation to a person, means a course of education or training that:

• (a)

  is offered by an institution or other body or person in Australia that is a registered provider, for the purposes of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991, in respect of that course in respect of the State or Territory in which that person is undertaking, or proposes to undertake, it; and

• (b)

  is not a category A course;

[NOTE: A current list of Category B courses appears in the Commonwealth Register of Institutions and Courses for Overseas Students kept under section 5 of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991.]”.

3.3   Omit the definition of “CTC”.

4.   Regulation 2.1 (Classes and groups of visas and entry permits that may be granted

4.1   Add at the end:

“(2)

A visa or entry permit may not be granted to a person as a secondary person unless provision is made in Schedule 3 in relation to the class in which the visa or entry permit is included, as indicated in column 3 of Schedule 1 in relation to that class.”.

5.   Regulation 2.4 (prescribed qualifications and prescribed number of points)

5.1   Subregulation 2.4 (4) (definition of “relevant Australian authority”, paragraph (b)):

Omit the paragraph.

5.2   Subregulation 2.4 (4) (definition of “relevant Australian authority”, paragraph (d)):

Omit “, (b)”.

6.   Regulation 2.15 (Special provision for grant outside Australia of certain visas to former holders of corresponding temporary entry permits)

6.1   After subparagraph 2.15 (2) (b) (ii), insert:

• “(iia)

  Class 562 (Iranian postgraduate student);”.

7. New

regulation 7.31

7.1   After regulation 7.30, insert:

Fee for assessment of a person’s work qualifications and experience

“7.31.

There is payable on an application for an assessment of a person’s occupational qualifications or experience (or both) for the purposes of the Act, a fee of:

• (a)

  in the case of an assessment by the Department of Industrial Relations—$100; or

• (b)

  in the case of an assessment by NOOSR—$100.”.

8.   Schedule 1 (Classification of visas and entry permits)

8.1   After item 2202, insert:

“2203 562 (Iranian postgraduate student) —

 2204 563 (Iranian postgraduate student (dependant)) —”.

9.   Schedule 2, Chapter 2.2 (Student visas and entry permits)

9.1   After clause 560.321, insert:

“560.322 The applicant is not a citizen of Iran who seeks to enter Australia to undertake a full-time course of study in Australia (in this clause called ‘the current course’) that is:

• (a)

  a course of study for a master’s degree or a doctorate in Australia; or

• (b)

  a graduate diploma or graduate certificate course or any other bridging course required as a prerequisite course to a course of study or research for a master’s degree or a doctorate in Australia; or

• (c)

  an English language course or other prerequisite course for undertaking a course mentioned in paragraph (a) or (b) in Australia;

unless the applicant has previously entered Australia

 as the holder of a Class 562 visa:

• (d)

  for the purpose of undertaking the current course; or

• (e)

  if the current course is a course mentioned in paragraph (a), for the purpose of undertaking a prerequisite course mentioned in paragraph (b) or (c) undertaken in preparation for undertaking the current course; or

• (f)

  if the current course is a prerequisite course mentioned in paragraph (b), for the purpose of undertaking a prerequisite course mentioned in paragraph (c) undertaken in preparation for undertaking the current course.”.

9.2   Clause 560.331:

Omit the clause, substitute:

“560.331 The applicant continues to satisfy the criteria specified in clauses 560.321 and 560.322.”.

9.3   Subclause 560.341 (1):

Omit the subclause, substitute:

“(1)

Mandatory conditions:

• (a)

  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to subclause (2)) 9110; and

• (b)

  if the applicant is a citizen of Iran: 9232.”.

9.4   Division 560.4 note:

After “entry permit” (first occurring), insert “or a Class 562 (Iranian postgraduate student) entry permit”.

9.5   Paragraph 560.421 (2) (a):

After “entry permit” (first occurring), insert “or a Class 562 (Iranian postgraduate student) entry permit”.

9.6   Subclause 560.441 (1):

Omit the subclause, substitute:

“(1)

Mandatory conditions:

• (a)

  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to subclause (2)) 9110; and

• (b)

  if the applicant is a citizen of Iran: 9232.”.

9.7   Paragraph 560.721 (2) (b):

Omit “at any time after 1 January 1990 but”.

9.8   Paragraph 560.721 (2) (c):

Omit “before 1 June 1993”, substitute “within 12 months after the expiry of the entry permit mentioned in paragraph (a).”.

9.9   Subparagraph 560.732 (a) (i):

After “entry permit”, insert “, or the holder of a Class 562 entry permit”.

9.10   Subparagraph 560.732 (b) (i):

After “entry permit”, insert “, or the holder of a Class 562 entry permit”.

9.11   Paragraph 560.732 (c):

Omit the paragraph, substitute:

• “(c)

  the applicant:

  • (i)

    satisfies the criteria for the grant, before entry, to a primary person of a Class 560 visa, other than the criterion specified in clause 560.322; and

  • (ii)

    is not a student’s dependant (within the meaning of subclause (2)) who was, immediately before becoming a student’s dependant:

    • (A)

      the holder, as a primary person, of a Class 560 or 561 entry permit; or

    • (B)

      the holder of a Class 562 entry permit; or

    • (C)

      the holder of a Group 2.1 (temporary resident) entry permit; or

    • (D)

      the holder of a Group 2.3 (visitor) entry permit; or

    • (E)

      the holder of a Group 2.4 (visitor (short stay)) entry permit.”.

9.12   Clause 560.732:

Add at the end:

“(2)

For the purposes of subparagraph (1) (c) (ii), a person is a student’s dependant if the person is:

• (a)

  the holder, as a secondary person, of a Class 560 or 561 entry permit; or

• (b)

  the holder of a Class 563 entry permit.”.

9.13   Subclause 560.741 (1):

After paragraph (a), insert

• “(aa)

  if the applicant is a citizen of Iran: 9232; and”.

9.14   After clause 561.321, insert:

“561.322 The applicant is not a citizen of Iran who seeks to enter Australia to undertake a full-time course of study in Australia (in this clause called “the current course”) that is:

• (a)

  a course of study for a master’s degree or a doctorate in Australia; or

• (b)

  a graduate diploma or graduate certificate course or any other bridging course required as a prerequisite course to a course of study or research for a master’s degree or a doctorate in Australia; or

• (c)

  an English language course or other prerequisite course for undertaking a course mentioned in paragraph (a) or (b) in Australia;

unless the applicant has previously entered Australia

 as the holder of a Class 562 visa:

• (d)

  for the purpose of undertaking the current course; or

• (e)

  if the current course is a course mentioned in paragraph (a), for the purpose of undertaking a prerequisite course mentioned in paragraph (b) or (c) undertaken in preparation for undertaking the current course; or

• (f)

  if the current course is a prerequisite course mentioned in paragraph (b), for the purpose of undertaking a prerequisite course mentioned in paragraph (c) undertaken in preparation for undertaking the current course.”.

9.15   Clause 561.331:

Omit the clause, substitute:

“561.331 The applicant continues to satisfy the criteria specified in clauses 561.321 and 561.322.”.

9.16   Subclause 561.341 (1):

Omit the subclause, substitute:

“(1)

Mandatory conditions:

• (a)

  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to subclause (2)) 9110; and

• (b)

  if the applicant is a citizen of Iran: 9232.”.

9.17   Subclause 561.441 (1):

Omit the subclause, substitute:

“(1)

Mandatory conditions:

• (a)

  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to subclause (2)) 9110; and

• (b)

  if the applicant is a citizen of Iran: 9232.”.

9.18   Paragraph 561.721 (2) (b):

Omit “at any time after 1 January 1990 but”.

9.19   Paragraph 561.721 (2) (c):

Omit “before 1 June 1993”, substitute “within 12 months after the expiry of the entry permit mentioned in paragraph (a).”.

9.20   Paragraph 561.731 (b):

After “visa”, insert “, other than the criterion specified in clause 561.322”.

9.21   Paragraph 561.731 (c):

Omit the paragraph, substitute:

• (c)

  is not a student’s dependant (within the meaning of subclause (2)) who was, immediately before becoming a student’s dependant:

  • (i)

    the holder, as a primary person, of a Class 560 or 561 entry permit; or

  • (ii)

    the holder of a Class 562 entry permit; or

  • (iii)

    the holder of a Group 2.1 (temporary resident) entry permit; or

  • (iv)

    the holder of a Group 2.3 (visitor) entry permit; or

  • (v)

    the holder of a Group 2.4 (visitor (short stay)) entry permit; and”.

9.22   Clause 561.731:

Add at the end:

“(2)

For the purposes of paragraph (1) (c), a person is a student’s dependant if the person is:

• (a)

  the holder, as a secondary person, of a Class 560 or 561 entry permit; or

• (b)

  the holder of a Class 563 entry permit.”.

9.23  Subclause 561.741 (1):

Omit the subclause, substitute:

“(1)

Mandatory conditions:

• (a)

  in all cases: 9105, 9107, 9109 and 9203, and (subject to subclause (2)) 9110; and

• (b)

  if the applicant is a citizen of Iran: 9232.”.

9.24   After Part 561, insert:

PART 562—CLASS 562 (IRANIAN POSTGRADUATE STUDENT) VISA AND ENTRY PERMIT

(PRIMARY PERSON)

562.1INTRODUCTION

562.11Group: 2.2 (student).

562.12Purpose of grant: To authorise travel to, and temporary residence in, Australia by Iranian nationals who wish to undertake as a main course of study in Australia certain postgraduate studies or bridging courses leading to postgraduate study.

[NOTE: In relation to Class 562 visas and entry permits, all applicants are primary persons.]

562.2IRANIAN POSTGRADUATE STUDENT VISA—PRELIMINARY

562.21When and where may application and grant be made?

562.211 A Class 562 visa may be:

• (a)

  applied for and granted before entry, but not at the Entry Control Point; and

• (b)

  granted either as a travel-only visa or as an entry visa.

562.22Validity (visa)

562.221 Journey(s) to Australia:  As determined by the Minister in the particular case.

562.222 Time limits for use: As determined by the Minister in the particular case.

562.223 Operation as an entry permit (entry visa only): As per clause 562.522.

562.3IRANIAN POSTGRADUATE STUDENT VISA (BEFORE ENTRY)

[NOTE:  The purpose of the grant of a Class 562 visa before entry is, first, to authorise travel to Australia and, second, to authorise entry to Australia (entry visa) or to serve on arrival as an application for a Class 562 entry permit (travel-only visa).]

562.31Application (visa—before entry)

562.311 The application must be made in accordance with approved form 157W.

[NOTE: Before an application will be considered, it must be lodged in accordance with regulation 2.13 and the fee (if any) specified in clause 562.811 must be paid (Act, subsection 24(1)).]

562.32Criteria to be satisfied at time of application (visa—before entry)

562.321 The applicant does not intend to become a permanent resident of Australia.

562.322 The applicant is a citizen of Iran.

562.33Criteria to be satisfied at time of decision (visa—before entry)

562.331 The applicant continues to satisfy the criteria specified in clauses 562.321 and 562.322.

562.332 The applicant produces to the Minister evidence of enrolment to undertake a full-time course of study in Australia that is:

• (a)

  a course of study for a master’s degree or a doctorate in Australia; or

• (b)

  a graduate diploma or graduate certificate course or any other bridging course required as a prerequisite course to a course of study or research for a master’s degree or a doctorate in Australia; or

• (c)

  an English language course or other prerequisite course for undertaking a course mentioned in paragraph (a) or (b) in Australia.

562.333 If the applicant is an assisted student, the applicant produces to the Minister evidence that the Education Minister, or AIDAB, supports the enrolment of the applicant in the course.

562.334 (1) The Minister is satisfied that the applicant is a genuine applicant for entry as a student, having regard:

• (a)

  to the financial ability of the applicant to undertake the course without contravening any terminating condition relating to the work that the applicant may engage in; and

• (b)

  subject to subclauses (2) and (3), to the applicant’s comprehension of the English language for the purposes of the course; and

• (c)

  to any other relevant matter.

(2)

If the Minister has regard to the applicant’s comprehension of the English language for the purposes of the applicant’s course, the Minister may require the applicant to undertake an English language test that is conducted by an agency other than Immigration.

(3)

If the applicant is required to undertake a test and does not undertake it, or does not pass it, the Minister must not grant the visa.

562.335 The applicant:

• (a)

  satisfies public interest criteria 4001 to 4005; and

• (b)

  if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

• (c)

  if the applicant has previously been in Australia, satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010.

562.336 If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

562.337 The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

562.338 Approval of the application would not result in the number of Class 562 visas granted in a financial year exceeding the number of Class 562 visas specified, by Gazette Notice, for the purposes of this clause in respect of that financial year.

562.34Conditions (visa—before entry)

562.341 Mandatory conditions: 9105, 9107, 9109, 9110, 9201, 9202 and 9231.

[NOTE: 1. Conditions 9105, 9107, 9109 and 9110 are terminating conditions: see regulation 2.23.

2.

Conditions 9201 and 9202 prevent the holder of a class 562 visa or resultant entry permit from obtaining permanent residence in Australia without first obtaining a section 47 temporary entry permit.]

562.342 Discretionary conditions:  Any other applicable conditions set out in Schedule 9.

562.4[Iranian postgraduate student visa not granted after entry]

562.5IRANIAN POSTGRADUATE STUDENT ENTRY PERMIT—PRELIMINARY

562.51When and where may application and grant be made?

562.511 A Class 562 entry permit may be applied for, and granted to a person at the Entry Control Point before entry, if the person is the holder of a Class 562 visa that was granted as a travel-only visa.

562.52Period of validity (entry permit)

562.521 Entry permit granted at Entry Control Point: A finite period from grant as determined by the Minister in the particular case.

562.522 Entry visa operating as an entry permit: A finite period from latest entry as determined by the Minister in the particular case.

562.6IRANIAN POSTGRADUATE STUDENT ENTRY PERMIT (BEFORE ENTRY)

As provided by regulation 2.30.

562.7[Iranian postgraduate student entry permit not granted after entry]

562.8FEES

562.81Visa applications

(1)

Application before entry (only):

• (a)

  application that meets the requirements of subclause (2): Nil;

• (b)

  any other application: $130.

(2)

An application meets the requirements of this subclause if the applicant is:

• (a)

  an assisted student; or

• (b)

  a student approved under an overseas students training scheme approved by the Commonwealth.

562.82Entry permit applications

562.821 Before entry (only): Nil

___________________

PART 563—CLASS 563 (IRANIAN POSTGRADUATE STUDENT (DEPENDANT)) VISA AND ENTRY PERMIT

CLASS 563—(IRANIAN POSTGRADUATE STUDENT

(PRIMARY PERSON)

563.1INTRODUCTION

563.11Group: 2.2 (student)

563.12Purpose of grant: To authorise travel to, and temporary residence in, Australia by certain members of the family units of persons who are holders of Class 562 (Iranian postgraduate student) visas or entry permits.

[NOTE: In relation to Class 563 visas and entry permits, all applicants are primary persons.]

563.13Interpretation

563.131 In this part:

“principal person”, in relation to an applicant for a Class 563 visa or entry permit, means the person upon whose application for, or holding of, a Class 562 (Iranian postgraduate student) visa or entry permit, the applicant’s application for the Class 563 visa depends.

563.2IRANIAN POSTGRADUATE STUDENT (DEPENDANT) VISA—PRELIMINARY

563.21When and where may application and grant be made?

563.211 A Class 563 visa may be:

• (a)

  applied for and granted either before or after entry, but not at the Entry Control Point; and

• (b)

  granted either as a travel-only visa or as an entry visa.

563.22Validity (visa)

563.221 Journey(s) to Australia:  As determined by the Minister in the particular case.

563.222 Time limits for use: As determined by the Minister in the particular case.

563.223 Operation as an entry permit (entry visa only): As per clause 563.522.

563.3IRANIAN POSTGRADUATE STUDENT (DEPENDANT) VISA (BEFORE ENTRY)

[NOTE: The purpose of the grant of a Class 563 visa before entry is, first, to authorise travel to Australia and, second, to authorise entry to Australia (entry visa) or to serve on arrival as an application for a Class 563 entry permit (travel-only visa).]

563.31Application (visa—before entry)

563.311 (1) Subject to subclause (2), an application by a person for a Class 563 visa must be in accordance with approved form 157W.

(2)

An application by a person for a Class 563 visa may be combined with, and lodged at the same time as:

• (a)

  an application for a Class 562 (Iranian postgraduate student) visa by the principal person; or

• (b)

  an application for a Class 563 visa by another person if the principal person in relation to that person is also the principal person in relation to the first mentioned person.

[NOTE: Before an application will be considered, it must be lodged in accordance with regulation 2.13 and the fee (if any) specified in clause 563.811 must be paid (Act, subsection 24(1)).]

563.32Criteria to be satisfied at time of application (visa—before entry)

563.321 The applicant is a member of the family unit of a person who is the holder of, or an applicant for, a Class 562 (Iranian postgraduate student) visa or entry permit.

563.322 If the application is made separately from that of the principal person:

• (a)

  the principal person is, or is expected soon to be, in Australia; and

• (b)

  the applicant intends to stay temporarily in Australia as a member of the principal person’s family unit.

563.323 The applicant does not intend to become a permanent resident of Australia.

563.33Criteria to be satisfied at time of decision (visa—before entry)

563.331 The person referred to in clause 563.321 is the holder of a Class 562 (Iranian postgraduate student) visa or entry permit.

563.332 The applicant:

• (a)

  satisfies public interest criteria 4001 to 4005; and

• (b)

  if the applicant seeks to stay in Australia for 12 months or more, satisfies public interest criterion 4010; and

• (c)

  if the applicant has previously been in Australia, satisfies special re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010.

563.335 If so requested by the Minister, an assurance of support in relation to the applicant has been given, and has been accepted by the Minister.

563.336 If the Class 562 visa or entry permit holder referred to in clause 563.331 is sponsored by AIDAB, the applicant produces to the Minister evidence that AIDAB supports the application for the visa.

563.337 The Minister is satisfied that:

• (a)

  the applicant genuinely seeks temporary entry as a member of the family unit of the principal person; and

• (b)

  the principal person will have adequate means to support himself or herself and the applicant during the period of the applicant’s intended stay in Australia, having regard to any rights they may have to work in Australia during that period.

563.338 If the applicant is a school-age dependant of the principal person and the period of stay proposed in the application is more than 3 months, the applicant produces to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.

563.339 The applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.

563.34Conditions (visa—before entry)

563.341 (1) Mandatory conditions:

• (a)

  in all cases: 9109, 9201, 9202 and 9232, and (subject to subclause (2)), 9111; and

• (b)

  if the principal person is not enrolled in a course of study or research for a master’s degree or a doctorate: 9104.

(2)

Condition 9111 does not apply to a visa granted to an applicant who has turned 19.

[NOTE:    1.    Conditions 9104, 9109 and 9111 are terminating conditions: see regulation 2.23.

        2.     Conditions 9201 and 9202 prevent the holder of a class 563 visa or resultant entry permit from obtaining permanent residence in Australia without first obtaining a section 47 temporary entry permit.]

563.342 Discretionary conditions: Any other applicable conditions set out in Schedule 9.

563.4IRANIAN POSTGRADUATE STUDENT (DEPENDANT) VISA (AFTER ENTRY)

[NOTE: The purpose of the grant of a Class 563 visa after entry is to authorise, before departure, the holder of a Class 563 entry permit to return to Australia within the period of validity of the entry permit.]

563.41Application (visa—after entry)

563.411 An application for a Class 563 visa after entry must be made in accordance with approved form 43.

[NOTE: Before an application will be considered, it must be lodged in accordance with regulation 2.13 and the fee (if any) specified in clause 562.812 must be paid (Act, subsection 24 (1)).]

563.42Criteria to be satisfied at time of application (visa—after entry)

563.421 The applicant:

• (a)

  is the holder of a Class 563 entry permit that:

  • (i)

    is not subject to the condition that the holder will not be granted a further entry permit while the holder remains in Australia; and

  • (ii)

    was granted for a period ending on or after the day by which, according to the application, the applicant intends next to enter Australia; and

• (b)

  has complied substantially to the conditions to which that entry permit is subject.

563.422 The applicant is a member of the family unit of a person who is the holder of a Class 562 (Iranian postgraduate student) visa or entry permit.

563.43Criteria to be satisfied at time of decision (visa—after entry)

563.431 The applicant continues to satisfy the criterion specified in clause 563.422.

563.432 The Minister is satisfied that it would be reasonable to grant the visa.

563.44Conditions (visa—after entry)

563.441 (1) Mandatory conditions:

• (a)

  in all cases: 9109, 9201, 9202 and 9232, and (subject to subclause (2)), 9111; and

• (b)

  if the principal person is not enrolled in a course of study or research for a master’s degree or a doctorate: 9104.

(2)

Condition 9111 does not apply to a visa granted to an applicant who has turned 19.

[NOTE: 1. Conditions 9104, 9109 and 9111 are terminating conditions: see regulation 2.23.

2.

Conditions 9201 and 9202 prevent the holder of a class 563 visa or resultant entry permit from obtaining permanent residence in Australia without first obtaining a section 47 temporary entry permit.]

563.442 Discretionary conditions: Any other applicable conditions set out in Schedule 9.

563.5IRANIAN POSTGRADUATE STUDENT (DEPENDANT) ENTRY PERMIT—PRELIMINARY

563.51When and where may application and grant be made?

563.511 A Class 563 entry permit may be applied for, and granted to, a person either:

• (a)

  at the Entry Control Point before entry, if the person is the holder of a Class 563 visa that was granted as a travel-only visa; or

• (b)

  after entry.

563.52Period of validity (entry permit)

563.521 A Class 563 entry permit has effect, subject to the Act and these Regulations, until such date, or the end of such period after the grant of the entry permit, as is specified in the entry permit.

563.6IRANIAN POSTGRADUATE STUDENT (DEPENDANT) ENTRY PERMIT (BEFORE ENTRY)

As provided by regulation 2.30.

563.7IRANIAN POSTGRADUATE STUDENT (DEPENDANT) ENTRY PERMIT (AFTER ENTRY)

[NOTE: The purpose of the grant of a Class 563 entry permit after entry is to authorise a further period of stay in Australia for the holder of a Class 563 entry permit (or for a person who is otherwise eligible).]

563.71Application (entry permit—after entry)

563.711 An application for a Class 563 entry permit must be made in accordance with form 2.

[NOTE: Before an application will be considered, it must be lodged in accordance with regulation 2.8 and the fee (if any) specified in clause 563.822 must be paid (Act, subsection 34(1)).]

563.72Criteria to be satisfied at time of application (entry permit—after entry)

563.721 The applicant is a member of the family unit of a person who is the holder of a Class 562 (Iranian postgraduate student) visa or entry permit.

563.722 The applicant has complied substantially with the conditions to which any entry permit or visa held by the applicant is subject.

563.723 The applicant seeks the entry permit to remain in Australia temporarily and does not intend to become a permanent resident of Australia.

563.73Criteria to be satisfied at time of decision (entry permit—after entry)

563.731 The applicant continues to satisfy the criterion specified in clause 563.721.

563.732 The applicant satisfies the criteria for the grant, before entry, of a Class 563 visa.

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

563.74Conditions (entry permit—after entry)

563.741 (1) Mandatory conditions:

• (a)

  in all cases: 9109, 9203 and 9232, and (subject to subclause (2)), 9111; and

• (b)

  if the principal person is not enrolled in a course of study or research for a master’s degree or a doctorate: 9104.

(2)

Condition 9111 does not apply to an entry permit granted to an applicant who has turned 19.

[NOTE:    1.     Conditions 9104, 9109 and 9111 are terminating conditions: see regulation 2.23.

 2.    Conditions 9201 and 9202 prevent the holder of a class 563 visa or resultant entry permit from obtaining permanent residence in Australia without first obtaining a section 47 temporary entry permit.]

563.742 Discretionary conditions: Any other applicable conditions set out in Schedule 9.

563.8FEES

563.81Visa applications

563.811 Before entry:

• (a)

  Separate application:

  • (i)

    if the principal person is either an assisted student or a student approved under an overseas students training scheme approved by the Commonwealth: Nil;

  • (ii)

    any other case: $130.

• (b)

  Application combined with an application for a Class 562 (Iranian postgraduate student) visa on which the fee (if any) payable is paid: Nil.

563.812 After entry: 

• (a)

  if the principal person is either an assisted student or a student approved under an overseas students training scheme approved by the Commonwealth: Nil;

• (b)

  any other case: $130.

563.82Entry permit applications

563.821 Before entry: Nil.

563.822 After entry:

• (a)

  if the principal person is either an assisted student or a student approved under an overseas students training scheme approved by the Commonwealth: Nil;

• (b)

  any other case: $50.

___________________

10.   Schedule 3 (Provisions with respect to the grant of visas and entry permits included in certain groups to secondary persons)

10.1   Subdivision 022.11, subclauses 022.311 (1), 022.311 (2) and 022.711 (1), and subparagraph 022.732 (2) (a) (i):

Omit “Group 2.2 (student)”, substitute “Class 560 or Class 561”.

10.2   Clauses 022.211, 022.511 and 022.521, subclauses 022.411 (1), 022.411 (2) and 022.711 (2), and the Notes to Divisions 022.3, 022.4 and 022.7:

Omit “Group 2.2”, substitute “Class 560 or Class 561”.

11.   Schedule 7 (General points test–qualifications and points)

11.1   Subparagraphs 7101 (c) (i), 7102 (e) (i) and 7104 (e) (i): Omit “, or such longer period as is specified by a CTC or by NOOSR,”.

11.2   Item 7103:

Omit the item, substitute:

“7103 The applicant meets the qualification specified in item 7102 except that, in respect of paragraph (e) of that item, the applicant has worked, immediately before making the application, for a period of less than 3 years 60”

11.3   Subparagraph 7105 (b) (i):

Omit the subparagraph, substitute:

• “(i)

  for a period of less than 3 years; and”.

12.   Schedule 9 (Visa and entry permit conditions)

12.1   Add at the end:

“9231. The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

“9232. The holder must not undertake or change a course of study or research, or thesis or research topic, for:

• (a)

  a graduate certificate, a graduate diploma, a master’s degree or a doctorate; or

• (b)

  any bridging course required as a prerequisite to a course of study or research for a master’s degree or a doctorate;

unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 November 1993.

2. Statutory Rules 1992 No. 367 as amended by 1993 Nos. 19, 29, 88, 169, 175, 218, 235, 253, 267 and 283.