Migration Amendment Regulations 1998 (No. 10) (Cth)
Migration Amendment Regulations 1998 (No. 10)
Statutory Rules 1998 No. 305
I, WILLIAM PATRICK DEANE, 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 27 October 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
made under the
Page
• •
These regulations are the
Migration Amendment Regulations 1998 (No. 10) .
These regulations commence on 1 December 1998.
Schedule 1 amends the Migration Regulations.
insert
education provider , for a registered course in a State or Territory, means each institution, body or person that is a registered provider of the course in that State or Territory, for theEducation Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 .
substitute
(2) For subsection 116 (3) of the Act, the circumstances in which the Minister must cancel a visa are:
(a) each of the circumstances comprising the grounds set out in paragraphs (1) (a), (b) and (c); and
(b) in the case of a Student (Temporary) (Class TU) visa — that the Minister is satisfied that the visa holder has not complied with condition 8202.
substitute
(b) in the case of an application made in Australia:
(i) if the applicant holds a Subclass 560, 562 or 563 visa that is subject to condition 8101 and seeks a Subclass 560 or 563 visa that is not subject to condition 8101: 157P
(ii) if the applicant holds a Subclass 560 or 562 visa that is subject to condition 8206 and seeks a Subclass 560 visa that is not subject to condition 8206: 157C
(iii) otherwise: 157Y
substitute
(ii) In the case of an applicant who makes an application on form 157P: $50
(iii) In the case of an applicant who makes an application on form 157C:
(A) if the applicant seeks a visa that is not subject to condition 8206 only because the education provider for the course to which the visa held by the applicant relates is unable to provide, or continue to provide, the course: Nil
(B) if the applicant seeks a visa that is not subject to condition 8206 only because the applicant has changed his or her enrolment from a course to which the visa held by the applicant relates to another course offered by the provider, but the provider is unable to provide, or continue to provide, the new course: Nil
(C) otherwise: $120
(iv) In any other case: $285
omit 887, 852, 147, 157Y, 601, 866,
insert 147, 157C, 157P, 157Y, 601, 852, 866, 887,
substitute
(1) If the application is made in Australia, the applicant meets the requirements of subclause (1A), (2), (3), (4) or (5).
(1A) An applicant meets the requirements of this subclause if the applicant is:
(a) the holder of a visa of one of the following classes:
(i) Border (Temporary) (Class TA);
(ii) Business (Temporary) (Class TB);
(iii) Cultural/Social (Temporary) (Class TE);
(iv) Educational (Temporary) (Class TH);
(v) Electronic Travel Authority (Class UD);
(vi) Expatriate (Temporary) (Class TJ);
(vii) Family Relationship (Temporary) (Class TL);
(viii) Interdependency (Temporary) (Class TM);
(ix) Long Stay (Visitor) (Class TN);
(x) Medical Practitioner (Temporary) (Class UE);
(xi) Retirement (Temporary) (Class TQ);
(xii) Short Stay (Visitor) (Class TR);
(xiii) Student (Temporary) (Class TU);
(xiv) Supported Dependant (Temporary) (Class TW);
(xv) Temporary Business Entry (Class UC);
(xvi) Working Holiday (Temporary) (Class TZ); or
(b) the holder, as the spouse or a dependent relative of a diplomatic or consular representative of a foreign country, of a Diplomatic (Temporary) (Class TF) visa; or
(c) the holder of a special purpose visa; or
(d) the holder of a visa of one of the following subclasses:
(i) Subclass 303 (Emergency (Temporary Visa Applicant));
(ii) Subclass 427 (Domestic Worker (Temporary) — Executive).
insert
(aa) the applicant is not the holder of a substantive visa; and
insert
(aa) the applicant is not the holder of a substantive visa; and
insert
(4) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 560 or 562 visa that is subject to condition 8101; and
(b) the application was made on form 157P; and
(c) the applicant produces to the Minister evidence that the applicant has commenced a registered course.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 560 or 562 visa that is subject to condition 8206; and
(b) the application was made on form 157C; and
(c) the applicant produces to the Minister evidence of enrolment in a registered course offered by an education provider that is not the education provider in relation to the course to which the visa held relates; and
(d) the Minister is satisfied that there are exceptional circumstances justifying the change in enrolment.
insert 560.220 (1) Unless, at the time of application, the applicant met the requirements of subclause 560.212 (4) or (5), the applicant satisfies the criteria in clauses 560.221 to 560.231.
(2) If, at the time of application, the applicant met the requirements of subclause 560.212 (4):
(a) the applicant continues to meet the requirements of paragraph 560.212 (4) (a); and
(b) either:
(i) the Minister has no reason to believe that the applicant does not continue to satisfy the criteria mentioned in subclause (1) other than the criterion in clause 560.222; or
(ii) the applicant satisfies those criteria.
(3) If, at the time of application, the applicant met the requirements of subclause 560.212 (5):
(a) the applicant continues to meet the requirements of paragraphs 560.212 (5) (a) and (d); and
(b) either:
(i) the Minister has no reason to believe that the applicant does not continue to satisfy the criteria mentioned in subclause (1); or
(ii) the applicant satisfies those criteria.
substitute
560.230 If:
(a) the application is made in Australia; and
(b) the applicant is not a citizen of a gazetted country; and
(c) at the time of application, the applicant met the requirements of clause 560.212:
(i) as the holder of a visa of one of the following classes:
(A) Border (Temporary) (Class TA);
(B) Business (Temporary) (Class TB);
(C) Cultural/Social (Temporary) (Class TE);
(D) Educational (Temporary) (Class TH);
(E) Electronic Travel Authority (Class UD);
(F) Expatriate (Temporary) (Class TJ);
(G) Family Relationship (Temporary) (Class TL);
(H) Interdependency (Temporary) (Class TM);
(I) Long Stay (Visitor) (Class TN);
(J) Medical Practitioner (Temporary) (Class UE);
(K) Retirement (Temporary) (Class TQ);
(L) Short Stay (Visitor) (Class TR);
(M) Supported Dependant (Temporary) (Class TW);
(N) Temporary Business Entry (Class UC);
(O) Working Holiday (Temporary) (Class TZ); or
(ii) as the holder of a special purpose visa; or
(iii) as the holder of a visa of one of the following subclasses:
(A) Subclass 303 (Emergency (Temporary Visa Applicant));
(B) Subclass 427 (Domestic Worker (Temporary) — Executive);
the applicant establishes exceptional reasons for the grant of a Subclass 560 visa.
substitute
(1) If the application is made in Australia, the applicant meets the requirements of subclause (1A), (2) or (3).
(1A) An applicant meets the requirements of this subclause if the applicant is the holder of:
(a) a visa of one of the following classes:
(i) Border (Temporary) (Class TA);
(ii) Business (Temporary) (Class TB);
(iii) Cultural/Social (Temporary) (Class TE);
(iv) Educational (Temporary) (Class TH);
(v) Electronic Travel Authority (Class UD);
(vi) Expatriate (Temporary) (Class TJ);
(vii) Family Relationship (Temporary) (Class TL);
(viii) Interdependency (Temporary) (Class TM);
(ix) Long Stay (Visitor) (Class TN);
(x) Medical Practitioner (Temporary) (Class UE);
(xi) Retirement (Temporary) (Class TQ);
(xii) Short Stay (Visitor) (Class TR);
(xiii) Student (Temporary) (Class TU);
(xiv) Supported Dependent (Temporary) (Class TW);
(xv) Temporary Business Entry (Class UC);
(xvi) Working Holiday (Temporary) (Class TZ); or
(b) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse, or a dependent relative, of a diplomatic or consular representative of a foreign country; or
(c) a special purpose visa; or
(d) a visa of one of the following subclasses:
(i) Subclass 303 (Emergency (Temporary Visa Applicant));
(ii) Subclass 427 (Domestic Worker (Temporary) — Executive).
insert
(aa) the applicant does not hold a substantive visa; and
insert
(3) An applicant meets the requirements of this subclause if:
(a) the applicant is the holder of a Subclass 560 or 563 visa that is subject to condition 8101; and
(b) the application was made on form 157P; and
(c) the applicant is a member of the family unit of a person who is the holder of a Subclass 560 visa; and
(d) the applicant produces to the Minister evidence that the holder of the Subclass 560 visa mentioned in paragraph (c) has commenced a registered course.
insert 560.320 (1) Unless, at the time of application, the applicant met the requirements of subclause 560.312 (3), the applicant satisfies the criteria in clauses 560.321 to 560.328.
(2) If, at the time of application, the applicant met the requirements of subclause 560.312 (3):
(a) the applicant continues to meet the requirements of paragraphs 560.312 (3) (a) and (c); and
(b) either:
(i) the Minister has no reason to believe that the applicant does not continue to satisfy the criteria mentioned in subclause (1); or
(ii) the applicant satisfies those criteria.
substitute 560.511 Temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if the application is made on form 157P — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and
(b) otherwise — until a date specified by the Minister.
substitute
(a) in all cases:
(i) conditions 8202, 8501 and 8506; and
(ii) subject to paragraph (c), condition 8101; and
(iii) subject to subclause (1A), condition 8206; and
(iv) subject to subclause (2), condition 8517.
omit condition 8204.
insert condition 8204; and
insert
(c) if, at the time of application, the applicant was in Australia, and:
(i) met the requirements of subclause 560.212 (4); or
(ii) held a Student (Temporary) (Class TU) visa that was subject to condition 8105;
condition 8105.
insert
(1A) Condition 8206 does not apply to a visa granted to an applicant who, at the time of application:
(a) as the holder of a Subclass 560 visa, met the requirements of subclause 560.212 (5); or
(b) as the holder of a Subclass 562 visa, satisfied the criterion in clause 560.211 and met the requirements of subclause 560.212 (5).
substitute
(a) in all cases:
(i) condition 8501 and 8506; and
(ii) subject to subclauses (1A), (1B) and (1C), condition 8101; and
(iii) subject to subclause (2), condition 8518; and
omit if the applicant
insert subject to subclause (1A), if the applicant
omit if the applicant
insert subject to subclause (1B), if the applicant
insert
(1A) Condition 8101 does not apply to a visa granted to an applicant who, at the time of application, as the holder of a Subclass 560 or 563 visa:
(a) was in Australia; and
(b) was an applicant of the kind mentioned in paragraph (1) (c); and
(c) met the requirements of subclause 560.312 (3) for a registered course other than a non-award course.
(1B) Condition 8101 does not apply to a visa granted to an applicant who, at the time of application, as the holder of a Subclass 560 or 563 visa:
(a) was in Australia; and
(b) was an applicant of the kind mentioned in paragraph (1) (d); and
(c) met the requirements of subclause 560.312 (3) for a registered course.
(1C) Condition 8101 does not apply to a visa granted to an applicant who, at the time of application:
(a) was in Australia; and
(b) was a member of the family unit of a person who was enrolled in a course of study or research for a master’s degree or a doctorate; and
(c) either:
(i) met the requirements of subclause 560.312 (3); or
(ii) is the holder of a Student (Temporary) (Class TU) visa that is not subject to condition 8101.
substitute 562.611 Conditions 8101, 8202, 8203, 8206, 8501, 8506 and 8517.
insert
563.211A If:
(a) the applicant is the holder of a Subclass 563 visa that is subject to condition 8101; and
(b) the application was made on form 157P;
the applicant:
(c) is a member of the family unit of a person who is the holder of a Subclass 562 visa; and
(d) produces to the Minister evidence that the person holding the Subclass 562 visa has commenced a registered course.
insert 563.220 (1) Unless, at the time of application, the applicant satisfied the criterion in clause 563.211A, the applicant satisfies the criteria in clauses 563.221 to 563.228.
(2) If, at the time of application, the applicant satisfied the criterion in clause 563.211A:
(a) the applicant continues to satisfy the criteria in paragraphs 563.211A (a) and (c); and
(b) either:
(i) the Minister has no reason to believe that the applicant does not continue to satisfy the other criteria mentioned in subclause (1); or
(ii) the applicant satisfies those criteria.
substitute 563.511 Temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) if the application is made on form 157P — until the date on which the visa held by the applicant at the time of application would have ceased to be in effect; and
(b) otherwise — until a date specified by the Minister.
substitute 563.611 (1) If the application is made outside Australia — in all cases:
(a) conditions 8101, 8204, 8501 and 8506; and
(b) subject to subclause (2), condition 8518.
substitute
(a) in all cases:
(i) conditions 8204, 8501 and 8506; and
(ii) subject to subclause (1A), condition 8101; and
(iii) subject to subclause (2), condition 8518.
omit if the member
insert subject to subclause (1A), if the member
insert
(1A) Condition 8101 does not apply to a visa granted to an applicant who, at the time of application:
(a) satisfied the criterion in clause 563.211A; or
(b) held a Subclass 563 visa that was not subject to condition 8101.
substitute 8202 The holder must:
(a) be enrolled in a registered course; and
(b) attend at least 80% of the classes and tutorials scheduled for the course, as evidenced by records of attendance of the education provider or otherwise; and
(c) if attendance cannot be evidenced, achieve an academic result for the course that is certified by the education provider to be at least satisfactory; and
(d) comply with any requirement of the education provider in relation to payment of fees for the course.
insert 8206 The holder must not change his or her enrolment from enrolment in a course offered by an education provider (the
original course ) to enrolment in a course offered by another education provider:
(a) if the original course is for 12 months or more — within the first 12 months of that course; and
(b) if the original course is for less than 12 months — before the end of that course.
1. These regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on 2 July 1998), 139, 210, 214, 284, 285 and 304.
2. Made by the Governor-General on 27 October 1998, and notified in the
Commonwealth of Australia Gazette
0
0
0