Migration Amendment Regulations 1999 (No. 1) (Cth)

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Migration Amendment Regulations 1999 (No. 1)
Statutory Rules 1999No. 8

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 theMigration Act 1958.
Dated 4 February 1999.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs

Migration Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999No. 82

made under the

Migration Act 1958

Contents

Page

•
•

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1Name of regulations

These regulations are the Migration Amendment Regulations 1999 (No. 1).

2Commencement

These regulations commence on 1 March 1999.

3Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Schedule 1Amendments

(regulation 3)

Do not delete: Schedule Part placeholder

[1]Regulation 1.03, definition of assisted student
substitute
assisted student means a student under the Subsidised Overseas Students Program administered by Education.

[2]Regulation 1.03, definition of AusAID

omit
and includes the Australian International Development Assistance Bureau (AIDAB)

[3]Regulation 1.03

insert
AusAID Minister means the Minister responsible for administering AusAID.
AusAID recipient has the meaning given by subregulation 1.04A (2).
AusAID student has the meaning given by subregulation 1.04A (3).

[4]After regulation 1.04

insert
1.04AAusAID recipients and AusAID students
(1)
In this regulation:
AIDAB means the former Australian International Development Assistance Bureau.
AusAID student visa means:
(a)
a Subclass 560 (Student) or Subclass 562 (Iranian Postgraduate Student) visa granted to a person who, as an applicant:
(i)
satisfied the primary criteria for the grant of the visa; and
(ii)
was a student in a course of study or training under a scholarship scheme or training program approved by the AusAID Minister; or
(b)
an equivalent former visa or entry permit; or
(c)
an equivalent transitional visa.
cease, in relation to a course of study or training, includes to complete, to withdraw from, or to be excluded from, that course.
equivalent former visa or entry permit means a Group 2.2 (student) visa or entry permit, within the meaning of the Migration (1993) Regulations, granted to a person who, as an applicant:
(a)
satisfied the criteria for the grant of the visa or entry permit as a primary person; and
(b)
was a student in a course of study or training under a scholarship scheme or training program approved by AIDAB or AusAID.
equivalent transitional visa means a transitional (temporary) visa within the meaning of the Migration Reform (Transitional Provisions) Regulations that:
(a)
is, or was, held by a person because the person held an equivalent former visa or entry permit; or
(b)
was granted to a person on the basis of a decision that the person satisfied the criteria for the grant of an equivalent former visa or entry permit.
(2)
A person is an AusAID recipient if:
(a)
either:
(i)
the person is the holder of an AusAID student visa; or
(ii)
if the person is not the holder of a substantive visa — the last substantive visa held by the person was an AusAID student visa; and
(b)
the person has ceased:
(i)
the course of study or training to which the visa relates or related; or
(ii)
another course approved by the AusAID Minister in substitution for that course; and
(c)
the person has not spent at least 2 years outside Australia since ceasing the course.
(3)
A person is an AusAID student if:
(a)
the person has been approved by the AusAID Minister to undertake a course of study or training under a scholarship scheme or training program approved by the AusAID Minister; and
(b)
the person is:
(i)
the holder of an AusAID student visa granted in circumstances where the person intended to undertake the course of study or training; or
(ii)
an applicant for a Student (Temporary) (Class TU) visa whose application shows an intention to undertake the course of study or training; and
(c)
in the case of a person mentioned in subparagraph (b) (i) — the person has not ceased:
(i)
the course of study or training to which the visa relates; or
(ii)
another course approved by the AusAID Minister in substitution for that course.

[5]Subregulation 2.05 (3)

omit
subsection
insert
subsections

[6]After subregulation 2.05 (3)

insert
(4)
For subsection 41 (2A) of the Act, the circumstances in which the Minister may waive a condition of a kind described in paragraph 41 (2) (a) of the Act are that:
(a)
compelling and compassionate circumstances have developed since the person was granted the visa that was subject to the condition; and
(b)
if the Minister has previously refused to waive the condition, the Minister is satisfied that the circumstances are substantially different from those considered previously; and
(c)
if the person asks the Minister to waive the condition, the request is in writing.
[7]Schedule 1, sub-subparagraph 1222 (2) (a) (i) (C)
substitute
(C)
is an exchange student; or
(D)
is an AusAID student to whom subparagraph 1.04A (3) (b) (ii) applies; or
(E)
is a member of the family unit of an AusAID student who has not, since becoming an AusAID student, applied for a visa other than an AusAID student visa: Nil.

[8]Schedule 1, subparagraph 1222 (2) (a) (ii)

after
form 157P
insert
(other than an applicant mentioned in subparagraph (2) (a) (i))

[9]Schedule 1, subparagraph 1222 (2) (a) (iii)

after
form 157C
insert
(other than an applicant mentioned in subparagraph (2) (a) (i))

[10]Schedule 2, subclause 050.212 (1)

after
(6),
insert
(6A),

[11]Schedule 2, after subclause 050.212 (6)

insert
(6A)
An applicant meets the requirements of this subclause if:
(a)
the applicant holds a Bridging E (Class WE) visa granted on the basis of the applicant meeting the requirements of subclause (6); and
(b)
either:
(i)
the Minister is personally considering whether to exercise the Minister’s powers to substitute a more favourable decision under section 345, 351, 391, 417 or 454 of the Act in relation to the applicant; or
(ii)
the Minister has decided, under section 345, 351, 391, 417 or 454 of the Act, to substitute a more favourable decision for the decision of a review authority but the applicant cannot, for the time being, be granted a substantive visa because of a determination under section 85 of the Act; and
(c)
the Minister is satisfied that the applicant has a compelling need to work.

[12]Schedule 2, clauses 050.612A and 050.613

substitute
050.612A (1) In the case of a visa to which, in accordance with subclause (2), this clause applies:
(a)
condition 8101; and
(b)
any 1 or more of conditions 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.
(2)
This clause applies to a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who:
(a)
meets the requirements of 1 or more of the following:
(i)
subparagraph 050.212 (3A) (b) (ii);
(ii)
paragraph 050.212 (4) (a);
(iii)
paragraph 050.212 (4) (d);
(iv)
subclause 050.212 (6); and
(b)
does not meet the requirements of subclause 050.212 (6A).
050.613 In the case of a visa granted to an applicant (whether or not the applicant is an applicant to whom another clause in this Division would otherwise apply) who meets the requirements of subclause 050.212 (6A) or (8) — any 1 or more of conditions 8201, 8401, 8403, 8505, 8506, 8507, 8508, 8510, 8511 and 8512 may be imposed.

[13]Schedule 2, subclause 050.613A (2)

omit
8104,

[14]Schedule 2, clause 410.227

omit
If the applicant
insert
(1)
If the applicant

[15]Schedule 2, paragraph 410.227 (c)

substitute
(c)
if the applicant is an AusAID student or an AusAID recipient — the applicant has the support of the AusAID Minister for the grant of the visa; and

[16]Schedule 2, clause 410.227

insert
(2)
The Minister may waive the requirements of paragraph (1) (c) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[17]Schedule 2, after clause 410.325

insert
410.326 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
[18]Schedule 2, sub-subparagraph 411.224 (b) (ii) (B)
omit
the visa; and
insert
the visa.

[19]Schedule 2, paragraph 411.224 (c)

omit

[20]Schedule 2, after clause 411.227

insert
411.228 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[21]Schedule 2, after clause 411.325

insert
411.326 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[22]Schedule 2, after clause 415.231

insert
415.232 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[23]Schedule 2, after clause 415.325

insert
415.326 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[24]Schedule 2, after clause 416.227

insert
416.228 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[25]Schedule 2, after clause 416.324

insert
416.325 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[26]Schedule 2, after clause 417.225

insert
417.226 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[27]Schedule 2, subparagraph 418.229 (c) (ii)

omit
the visa; and
insert
the visa.

[28]Schedule 2, paragraph 418.229 (d)

omit

[29]Schedule 2, after clause 418.229

insert
418.229A (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[30]Schedule 2, after clause 418.325

insert
418.326 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[31]Schedule 2, after clause 419.229

insert
419.230 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[32]Schedule 2, after clause 419.324

insert
419.325 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[33]Schedule 2, after clause 420.230

insert
420.231 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[34]Schedule 2, after clause 420.325

insert
420.326 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[35]Schedule 2, after clause 421.230

insert
421.231 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[36]Schedule 2, after clause 421.325

insert
421.326 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
[37]Schedule 2, subparagraph 422.227 (3) (d) (ii)
omit
the visa; and
insert
the visa.

[38]Schedule 2, paragraph 422.227 (3) (e)

omit

[39]Schedule 2, after clause 422.228

insert
422.229 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[40]Schedule 2, after clause 422.326

insert
422.327 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[41]Schedule 2, after clause 423.230

insert
423.231 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[42]Schedule 2, after clause 423.325

insert
423.326 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:

(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[43]Schedule 2, after clause 424.231

insert
424.232 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[44]Schedule 2, after clause 424.326

insert
424.327 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[45]Schedule 2, after clause 428.229

insert
428.230 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[46]Schedule 2, after clause 428.324

insert
428.325 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[47]Schedule 2, after clause 432.231

insert
432.232 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[48]Schedule 2, after clause 432.324

insert
432.325 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[49]Schedule 2, after clause 442.230

insert
442.231 (1) For all applications, if the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[50]Schedule 2, after clause 442.324

insert
442.325 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[51]Schedule 2, after clause 456.221

insert
456.222 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[52]Schedule 2, after clause 456.327

insert
456.328 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[53]Schedule 2, paragraph 457.222 (1) (b)

omit
the visa; and
insert
the visa.

[54]Schedule 2, paragraph 457.222 (1) (c)

omit

[55]Schedule 2, after clause 457.225

insert
457.226 (1) If the applicant:
(a)
is an AusAID student or an AusAID recipient; and
(b)
does not meet the requirements of subclause 457.223 (3);
the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[56]Schedule 2, after clause 457.326

insert
457.327 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[57]Schedule 2, subparagraph 560.222 (b) (ii)

omit
AusAID; or
insert
the AusAID Minister; or

[58]Schedule 2, clause 560.223

substitute
560.223 If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

[59]Schedule 2, clause 560.323

substitute
560.323 (1) If the applicant is an AusAID student or an AusAID recipient, or a member of the family unit of an AusAID student, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) for an applicant who is an AusAID student or an AusAID recipient if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[60]Schedule 2, paragraph 560.328 (b)

omit
a student under a scholarship scheme or training program approved by AusAID
insert
an AusAID student

[61]Schedule 2, clause 562.223

substitute
562.223 If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.

[62]Schedule 2, clause 563.222

substitute
563.222 (1) If the applicant is an AusAID student or an AusAID recipient, or a member of the family unit of an AusAID student, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) for an applicant who is an AusAID student or an AusAID recipient if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[63]Schedule 2, paragraph 563.228 (b)

omit
a student under a scholarship scheme or training program approved by AusAID,
insert
an AusAID student,
[64]Schedule 2, subparagraph 675.221 (2) (j) (ii)
omit
granted; and
insert
granted.
[65]Schedule 2, subparagraph 675.221 (2) (j) (iii)
omit

[66]Schedule 2, paragraph 675.221 (3) (a)

substitute
(a)
satisfies the criteria in paragraph (2) (c) and subparagraph (2) (j) (ii); and

[67]Schedule 2, after clause 675.221

insert
675.222 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
[68]Schedule 2, subparagraph 676.221 (2) (g) (iii)
omit
granted; and
insert
granted.

[69]Schedule 2, subparagraph 676.221 (2) (g) (v)

omit

[70]Schedule 2, after clause 676.222

insert
676.223 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
[71]Schedule 2, subparagraph 685.221 (2) (j) (iii)
omit
the visa; and
insert
the visa.
[72]Schedule 2, subparagraph 685.221 (2) (j) (iv)
omit

[73]Schedule 2, paragraph 685.221 (3) (b)

substitute
(b)
satisfies the criteria in paragraph (2) (c) and subparagraph (2) (j) (ii); and

[74]Schedule 2, after clause 685.221

insert
685.222 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[75]Schedule 2, subparagraph 686.221 (2) (g) (v)

omit
the visa; and
insert
the visa.
[76]Schedule 2, subparagraph 686.221 (2) (g) (vi)
omit

[77]Schedule 2, paragraph 686.221 (3) (b)

substitute
(b)
satisfies the criteria in paragraph (2) (c) and subparagraph (2) (g) (iii); and

[78]Schedule 2, after clause 686.221

insert
686.222 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[79]Schedule 2, after clause 773.224

insert
773.225 (1) If the applicant is an AusAID student or an AusAID recipient, the applicant has the support of the AusAID Minister for the grant of the visa.
(2)
The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by:
(a)
compelling circumstances that affect the interests of Australia; or
(b)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

[80]Schedule 5, clause 5010

substitute
5010 (1) If the applicant is the holder of an AusAID student visa within the meaning of regulation 1.04A, the applicant meets the requirements of subclause (3), (4) or (5).
(2)
If:
(a)
the applicant is not the holder of a substantive visa; and
(b)
the last substantive visa held by the person was an AusAID student visa within the meaning of regulation 1.04A;
the applicant meets the requirements of subclause (3), (4) or (5).
(3)
The applicant meets the requirements of this subclause if the course of study or training (whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months.
(4)
The applicant meets the requirements of this subclause if the applicant:
(a)
has ceased, completed, withdrawn from, or been excluded from:
(i)
the course of study or training to which the visa relates or related; or
(ii)
another course approved by the AusAID Minister in substitution for that course; and
(b)
has spent at least 2 years outside Australia since ceasing or completing, or withdrawing or being excluded from, the course.
(5)
The applicant meets the requirements of this subclause if:
(a)
the applicant has the support of the AusAID Minister for the grant of the visa; or
(b)
the Minister is satisfied that, in the particular case, waiving the requirement of paragraph (a) is justified by:
(i)
compelling circumstances that affect the interests of Australia; or
(ii)
compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Notes

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, 304, 305, 306 and 322.
2. Made by the Governor-General on 4 February 1999, and notified in the Commonwealth of Australia Gazette

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Migration Amendment Regulations 1999 (No. 1) (Cth)

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