Migration Amendment Regulations 2001 (No. 9) (Cth)
Migration Amendment Regulations 2001 (No. 9) 1
Statutory Rules 2001 No. 283 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. 9) .
These Regulations commence on gazettal.
Schedule 1 amends the
Migration Regulations 1994 .
The amendments made by Schedule 1 apply to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the
Migration Act 1958 ), before the date of the commencement of these Regulations; or(b) made on or after the date of the commencement of these Regulations.
(regulation 3)
insert
(5) Subregulation (6) applies to an applicant if:
(a) the application:
(i) is made on form 157A; and
(ii) is made in Australia on or before 31 March 2002; and
(b) the applicant:
(i) would, but for this subregulation, be subject to assessment level 3, 4 or 5; and
(ii) has, within the period beginning on 1 July 2001 and ending on 31 March 2002, successfully completed a course of study or training in Australia as the holder of a student visa.
(6) Despite subregulation (1), an applicant to whom this subregulation applies is subject to assessment level 2 if:
(a) the applicant is the holder of:
(i) a Subclass 560 visa as a person who satisfied the primary criteria; or
(ii) a Subclass 562 visa; or
(b) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157P; and
(ii) was, immediately before being granted that visa, the holder of a Subclass 560 or 562 visa; or
(c) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157C; and
(ii) was, immediately before being granted that visa, the holder of a Subclass 560 or 562 visa; or
(d) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157P; and
(ii) was:
(A) immediately before being granted that visa, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157C; and
(B) immediately before being granted the visa mentioned in sub-subparagraph (A), the holder of a Subclass 560 or 562 visa; or
(e) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157C; and
(ii) was:
(A) immediately before being granted that visa, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157P; and
(B) immediately before being granted the visa mentioned in sub-subparagraph (A), the holder of a Subclass 560 or 562 visa.
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 and 246.
2. Notified in the
Commonwealth of Australia Gazette
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