Migration Amendment Regulations 2001 (No. 11) (Cth)
Migration Amendment Regulations 2001 (No. 11) 1
Statutory Rules 2001 No. 285 2
I, PETER JOHN HOLLINGWORTH, 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 September 2001
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs
• • •
These Regulations are the
Migration Amendment Regulations 2001 (No. 11) .
These Regulations commence as follows:
(a) on gazettal — regulations 1 to 4 and Schedule 1;
(b) on 1 November 2001 — Schedule 2.
Schedules 1 and 2 amend the
Migration Regulations 1994 .
(1) The amendments made by Schedule 1 apply in relation to an application for a visa that is made on or after the date of the commencement of Schedule 1.
(2) The amendments made by Schedule 2 apply in relation to an application for a visa made on or after 1 November 2001.
(regulation 3)
substitute
(1) An applicant is not required to provide evidence of English language proficiency if the application was made outside Australia, and:
(a) the applicant provides evidence that he or she has successfully completed a course, or a course that is included in a class of courses, specified in a Gazette Notice for this paragraph; or
(b) the applicant:
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44 (2) (the
gazetted course ); and(ii) will not undertake any other course before commencing the gazetted course.
substitute
(1) An applicant is not required to provide evidence of English language proficiency if the application was made outside Australia, and:
(a) the applicant provides evidence that he or she has successfully completed a course, or a course that is included in a class of courses, specified in a Gazette Notice for this paragraph; or
(b) the applicant:
(i) provides a certificate of enrolment in a course that has been gazetted for subregulation 1.44 (2) (the
gazetted course ); and(ii) will not undertake any other course before commencing the gazetted course.
(regulation 3)
[ 1 ] After subregulation 2.07AF (5), including the note
insert
(6) An application made under paragraph 1222 (3) (aa) of Schedule 1 is taken to have been made outside Australia.
omit Application
insert Subject to paragraph (aa), application
insert
(aa) Despite regulation 2.10, application made on form 157A by an applicant who:
(i) is outside Australia; and
(ii) is a citizen of a foreign country specified by Gazette Notice for the purposes of this subparagraph; and
(iii) is usually resident in that foreign country; and
(iv) if the Gazette Notice specifies a part of the foreign country for usual residence, is usually resident in that part;
must be made by:
(v) posting the application (with the correct pre‑paid postage) to the post office box address specified by the Minister; or
(vi) having the application delivered by a courier service to the address specified by the Minister.
Note An application made under paragraph (aa) is taken to have been made outside Australia — see subregulation 2.07AF (6).
[ 4 ] Schedule 5A, clause 5A101, definition of financial institution , paragraph (b)
omit foreign
[ 5 ] Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source
substitute
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least 3 consecutive months before the date of the application;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the Commonwealth Government, or the government of a State or Territory; or
(ii) the government of a foreign country; or
(iii) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(iv) a multilateral agency.
substitute
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency.
[ 7 ] Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source
substitute
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least 3 consecutive months before the date of the application;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency.
[ 8 ] Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source
substitute
funds from an acceptable source means one or more of the following:
(a) a money deposit that an acceptable individual has held for at least 3 consecutive months before the date of the application;
(b) a loan from a financial institution;
(c) a loan from the government of the applicant’s home country;
(d) financial support (such as a scholarship) from:
(i) the applicant’s proposed education provider; or
(ii) the Commonwealth Government, or the government of a State or Territory; or
(iii) the government of a foreign country; or
(iv) a corporation that:
(A) conducts commercial activities outside the country in which it is based; and
(B) employs the applicant in a role in relation to which the applicant’s principal course is of direct relevance; or
(v) a multilateral agency.
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 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8, 58, 64, 68 (as amended by 1999 Nos. 81 and 132), 76 (as amended by 1999 Nos. 81 and 132), 81 (as amended by 1999 No. 132), 82, 132, 155, 198, 220 (as amended by 1999 Nos. 259 and 321), 243, 259 (as amended by 2000 No. 259), 260 (as amended by 1999 No. 321), 321 and 325; 2000 Nos. 52, 62, 108, 192, 259 (as amended by 2000 No. 284) (item [4108] of Schedule 4 was disallowed by the Senate on 1 November 2000), 284 and 335; 2001 Nos. 27, 47, 86, 142, 162, 206, 239, 246, 283 and 284.
2. Notified in the
Commonwealth of Australia Gazette on 5 October 2001.
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