Migration Amendment Regulations 2001 (No. 13) (Cth)
Migration Amendment Regulations 2001 (No. 13) 1
Statutory Rules 2001 No. 344 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 20 December 2001
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Minister for Immigration and Multicultural and
Indigenous Affairs
These Regulations are the
Migration Amendment Regulations 2001 (No. 13) .
These Regulations commence on 28 January 2002.
Schedule 1 amends the
Migration Regulations 1994 .
(1) The amendments made by Schedule 1 (except item [2]) apply in relation to an application for a visa made on or after 28 January 2002.
(2) To avoid doubt, despite item [2] of Schedule 1, subparagraphs 2.10 (1) (b) (iv) to (vii) of the
Migration Regulations 1994 (as they read immediately before 28 January 2002) continue to apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of theMigration Act 1958 ), before 28 January 2002.
(regulation 3)
omit visa.
insert visa, whenever granted.
after form 157A
insert , 157A (Internet)
omit
omit the first mention of student visa
insert Subclass 560, 562 or 563 visa
insert
(ba) In the case of an application made in Australia by an applicant who holds a Subclass 570, 571, 572, 573, 574, 575 or 576 visa that is subject to condition 8101, and who seeks a visa of any of those subclasses that is not subject to condition 8101: 157P or 157P (Internet).
substitute
(d) In any other case:
(i) if the application is made outside Australia: 157A; or
(ii) if the application is made in Australia: 157A or 157A (Internet).
insert
(ca) If the application is made on form 157A (Internet) by an applicant seeking to satisfy the primary criteria, the applicant must:
(i) be in Australia, but not in immigration clearance; and
(ii) be 18 years of age or over when the application is made; and
(iii) either:
(A) be the holder of a student visa; or
(B) be subject to assessment levels 1 or 2 in relation to the student visa subclass against which he or she is seeking to be assessed and be the holder of a relevant visa; and
(iv) either:
(A) be enrolled in a registered full-time course of study or training:
(I) of a kind that has been gazetted under regulation 1.40A; and
(II) the provider of which is
not a suspended education provider; and
(III) that will commence not more than 42 days after the date of application; or
(B) if the applicant is an AusAID student who meets the requirement in subparagraph 1.04A (3) (b) (ii), a Defence student who meets the requirement in subparagraph 1.04B (b) (ii) or an exchange student — be enrolled, or be intending to enrol, in a full-time course of study or training:
(I) the provider of which is
not a suspended education provider; and
(II) that will commence not more than 42 days after the date of application.
(cb) If the application is made on form 157P (Internet) by an applicant seeking to satisfy the primary criteria and who seeks a visa that is not subject to condition 8101, the applicant must:
(i) be in Australia, but not in immigration clearance; and
(ii) be the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa that is subject to condition 8101; and
(iii) be enrolled in a registered full-time course of study or training of a kind that has been gazetted under regulation 1.40A; and
(iv) apply on or after the date the course commences.
(cc) If the application is made on form 157A (Internet) by an applicant seeking to satisfy the secondary criteria and the application is not combined with an application by a person seeking to meet the primary criteria, the applicant must be:
(i) a person who:
(A) is in Australia, but not in immigration clearance; and
(B) is 18 years of age or over when the application is made; and
(C) is the holder of a relevant visa; and
(D) claims to be a member of the family unit of the holder of a student visa granted on the basis of the holder satisfying the primary criteria, where the holder is:
(I) enrolled in a registered full‑time course of study or training; or
(II) an AusAID student who meets the requirement in subparagraph 1.04A (3) (b) (ii), a Defence student who meets the requirement in subparagraph 1.04B (b) (ii) or an exchange student; or
(ii) a person who claims to be a member of the family unit of a person mentioned in subparagraph (i).
(cd) If the application is made on form 157P (Internet) by an applicant seeking to satisfy the secondary criteria and who seeks a visa that is not subject to condition 8101 and the application is not combined with an application by a person seeking to meet the primary criteria, the applicant must be:
(i) a person who:
(A) is in Australia, but not in immigration clearance; and
(B) is the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa that is subject to condition 8101; and
(C) claims to be a member of the family unit of the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa granted on the basis of the holder satisfying the primary criteria, where:
(I) the holder is enrolled in a registered full-time course of study or training; and
(II) the application is made on or after the date the course commences; or
(ii) a person who claims to be a member of the family unit of a person mentioned in subparagraph (i).
insert
(5) In this item:
relevant visa means a visa of one of the following classes or subclasses:
(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) Long Stay (Visitor) (Class TN);
(i) Medical Practitioner (Temporary) (Class UE);
(j) Retirement (Temporary) (Class TQ);
(k) Short Stay (Visitor) (Class TR);
(l) Supported Dependant (Temporary) (Class TW);
(m) Temporary Business Entry (Class UC);
(n) Working Holiday (Temporary) (Class TZ);
(o) Subclass 303 (Emergency (Temporary Visa Applicant));
(p) Subclass 427 (Domestic Worker (Temporary) — Executive);
(q) Subclass 497 (Graduate — Skilled).
after 157A,
insert 157A (Internet),
after subclause 457.223 (7)
insert or (7A)
after Internet application
insert that met the criteria in clause 686.212
omit as a result of the applicant satisfying the criteria in clause 686.212
insert on the basis of an Internet application that met the criteria in clause 686.212
The following provisions are amended by inserting ‘or 157A (Internet)’ after ‘form 157A’:
· paragraph 1.42 (2) (b)
· subparagraph 1.42 (5) (a) (i)
· Schedule 2, paragraph 570.211 (6) (b)
· Schedule 2, paragraph 571.211 (6) (b)
· Schedule 2, paragraph 572.211 (6) (b)
· Schedule 2, paragraph 573.211 (6) (b)
· Schedule 2, paragraph 574.211 (6) (b)
· Schedule 2, paragraph 575.211 (6) (b).
The following provisions are amended by inserting ‘or 157P (Internet)’ after ‘form 157P’:
· Schedule 1, subparagraph 1222 (2) (a) (ii)
· Schedule 2, paragraph 570.211 (4) (b)
· Schedule 2, paragraph 570.312 (4) (b)
· Schedule 2, paragraph 570.511 (a)
· Schedule 2, paragraph 571.211 (4) (b)
· Schedule 2, paragraph 571.312 (4) (b)
· Schedule 2, paragraph 571.511 (a)
· Schedule 2, paragraph 572.211 (4) (b)
· Schedule 2, paragraph 572.312 (4) (b)
· Schedule 2, paragraph 572.511 (a)
· Schedule 2, paragraph 573.211 (4) (b)
· Schedule 2, paragraph 573.312 (4) (b)
· Schedule 2, paragraph 573.511 (a)
· Schedule 2, paragraph 574.211 (4) (b)
· Schedule 2, paragraph 574.312 (4) (b)
· Schedule 2, paragraph 574.511 (a)
· Schedule 2, paragraph 575.211 (4) (b)
· Schedule 2, paragraph 575.312 (4) (b)
· Schedule 2, paragraph 575.511 (a)
· Schedule 2, paragraph 576.211 (4) (b)
· Schedule 2, paragraph 576.312 (4) (b)
· Schedule 2, paragraph 576.511 (a)
· Schedule 8, paragraph 8534 (b)
· Schedule 8, paragraph 8535 (b).
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, 284, 285 and 291; Act No. 128, 2001.
2. Notified in the
Commonwealth of Australia Gazette
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