Migration Amendment Regulations 2002 (No. 1) (Cth)
Migration Amendment Regulations 2002 (No. 1) 1
Statutory Rules 2002 No. 10 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 14 February 2002
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 2002 (No. 1) .
These Regulations commence, or are taken to have commenced, as follows:
(a) on 1 November 2001 — regulations 1 to 4 and Schedule 1;
(b) on 1 March 2002 — regulation 5 and Schedule 2.
(1) Schedule 1 amends the
Migration Regulations 1994 , as amended by theMigration Amendment Regulations 2001 (No. 7) .(2) Schedule 2 amends the
Migration Regulations 1994 .
The amendments made by Schedule 1 apply in relation to an application for a visa made on or after 1 November 2001.
(1) The amendments made by items [5], [6], [17], [19], [24], [26], [31], [33], [38], [40], [45], [47], [52], [54], [59] and [63] to [82] of Schedule 2 apply in relation 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 1 March 2002; or(b) made on or after 1 March 2002.
(2) The amendments made by the remainder of Schedule 2 apply in relation to an application for a visa made on or after 1 March 2002.
(regulation 3)
omit paragraphs (ab) and (ad),
insert paragraphs (ab), (ad) and (ae),
insert
(ae) An application by an applicant who:
(i) holds a Subclass 457 (Business (Long Stay)) visa granted on the basis that the applicant met the requirements of Subdivision 457.32 of Schedule 2; and
(ii) is the spouse of a person who holds a visa of the kind mentioned in subparagraph (ad) (i); and
(iii) on the day on which the application is made:
(A) had been conducting the business in Australia as a principal for at least 15 months; or
(B) if the applicant had been conducting the business in Australia as a principal for less than 15 months — had received an endorsement of the business as beneficial to a State or Territory from the government of the State or Territory;
must be made in Australia, but not in immigration clearance.
substitute
(a) either:
(i) the applicant holds a Subclass 457 visa granted on the basis that the applicant met the requirements of subclause (7) or Subdivision 457.32; or
(ii) the applicant does not hold a substantive visa, and the last substantive visa held by the applicant was of a kind mentioned in subparagraph (i); and
(regulation 3)
[ 1 ] Regulation 1.03, definitions of Education and Education Minister
substitute
Education means the Department of Education, Science and Training.
Education Minister means the Minister for Education, Science and Training.
[ 2 ] Regulation 1.03, definition of Employment Minister
substitute
Employment Minister means the Minister for Employment and Workplace Relations.
[ 3 ] Regulation 1.03, definition of Foreign Minister
substitute
Foreign Minister means the Minister for Foreign Affairs.
[ 4 ] Regulation 1.03, definitions of Immigration and Industry Minister
substitute
Immigration means the Department of Immigration and Multicultural and Indigenous Affairs.
Industry Minister means the Minister for Industry, Tourism and Resources.
insert
(ea) a Refugee and Humanitarian (Class XB) visa; or
substitute
(2) In a provision mentioned in subregulation (4), if an applicant for a student visa proposes to undertake a course of study that is a registered course, the course is the
principal course .(3) For subregulation (2), if:
(a) an applicant for a student visa proposes to undertake two or more courses of study that are registered courses; and
(b) either:
(i) one of the courses of study (
course A ) is a prerequisite to another of the courses (course B ); or(ii) one of the courses of study (
course B ) may be taken only after the completion of another of the courses (course A );course B, not course A, is the
principal course .
(4) Subregulation (2) applies to any of the following provisions:
(a) a provision of this Division;
(b) a provision of Part 570, 571, 572, 573, 574 or 575 of Schedule 2;
(c) a provision of Schedule 5A.
omit principal course of study or training.
insert principal course.
omit or training
substitute
(1) An applicant for a student visa who seeks to satisfy the primary criteria for a subclass of visa must give evidence about the applicant’s English language proficiency and financial capacity, and about other matters, in accordance with the requirements set out in Schedule 5A for the subclass of visa and assessment level to which the applicant is subject.
omit course of study or training:
insert course of study:
omit course of study or training:
insert course of study:
omit or training
[ 13 ] Schedule 2, clause 420.111, definition of Arts Minister
substitute
Arts Minister means the Minister for the Arts and Sport.
omit 570.231.
insert 570.233.
[ 15 ] Schedule 2, subparagraph 570.221 (2) (b) (ii)
omit 570.231.
insert 570.233.
[ 16 ] Schedule 2, subparagraph 570.221 (3) (b) (ii)
omit 570.231.
insert 570.233.
substitute 570.223 (1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because the applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 570 and the assessment level to which the applicant is subject, in relation to:
(i) the applicant’s English language proficiency for the purposes of each ELICOS that the applicant proposes to undertake; and
(ii) the financial capacity of the applicant to undertake each of those ELICOS without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(i) the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and
(ii) any other relevant matter.
insert 570.230A 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.
insert 570.232 The applicant is enrolled in, or has been offered a place in, a course of study that is:
(a) a principal course; and
(b) of a type that has been gazetted under regulation 1.40A for Subclass 570 visas.
570.233 If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
insert
Note 3 To work out whether a course of study is a principal course, see subregulation 1.40 (2).
omit 571.231.
insert 571.233.
[ 22 ] Schedule 2, subparagraph 571.221 (2) (b) (ii)
omit 571.231.
insert 571.233.
[ 23 ] Schedule 2, subparagraph 571.221 (3) (b) (ii)
omit 571.231.
insert 571.233.
substitute 571.223 (1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because the applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 571 and the assessment level to which the applicant is subject, in relation to:
(i) the applicant’s English language proficiency for the purposes of each course of study that the applicant proposes to undertake; and
(ii) the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(i) the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and
(ii) any other relevant matter.
insert 571.229A 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.
insert 571.232 The applicant is enrolled in, or has been offered a place in, a course of study that is:
(a) a principal course; and
(b) of a type that has been gazetted under regulation 1.40A for Subclass 571 visas.
571.233 If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
substitute
Note 1 Foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
Note 2 To work out whether a course of study is a principal course, see subregulation 1.40 (2).
omit 572.230.
insert 572.232.
[ 29 ] Schedule 2, subparagraph 572.221 (2) (b) (ii)
omit 572.230.
insert 572.232.
[ 30 ] Schedule 2, subparagraph 572.221 (3) (b) (ii)
omit 572.230.
insert 572.232.
substitute 572.223 (1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because the applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 572 and the assessment level to which the applicant is subject, in relation to:
(i) the applicant’s English language proficiency for the purposes of each course of study that the applicant proposes to undertake; and
(ii) the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(i) the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and
(ii) any other relevant matter.
insert 572.229A 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.
insert 572.231 The applicant is enrolled in, or has been offered a place in, a course of study that is:
(a) a principal course; and
(b) of a type that has been gazetted under regulation 1.40A for Subclass 572 visas.
572.232 If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
substitute
Note 1 Foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
Note 2 To work out whether a course of study is a principal course, see subregulation 1.40 (2).
omit 573.230.
insert 573.232.
[ 36 ] Schedule 2, subparagraph 573.221 (2) (b) (ii)
omit 573.230.
insert 573.232.
[ 37 ] Schedule 2, subparagraph 573.221 (3) (b) (ii)
omit 573.230.
insert 573.232.
substitute 573.223 (1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because the applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 573 and the assessment level to which the applicant is subject, in relation to:
(i) the applicant’s English language proficiency for the purposes of each course of study that the applicant proposes to undertake; and
(ii) the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(i) the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and
(ii) any other relevant matter.
insert 573.229A 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.
insert 573.231 The applicant is enrolled in, or has been offered a place in, a course of study that is:
(a) a principal course; and
(b) of a type that has been gazetted under regulation 1.40A for Subclass 573 visas.
573.232 If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
substitute
Note 1 Foreign country is defined in paragraph 22 (1) (f) of theActs Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
Note 2 To work out whether a course of study is a principal course, see subregulation 1.40 (2).
omit 574.230.
insert 574.232.
[ 43 ] Schedule 2, subparagraph 574.221 (2) (b) (ii)
omit 574.230.
insert 574.232.
[ 44 ] Schedule 2, subparagraph 574.221 (3) (b) (ii)
omit 574.230.
insert 574.232.
substitute 574.223 (1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because the applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 574 and the assessment level to which the applicant is subject, in relation to:
(i) the applicant’s English language proficiency for the purposes of each course of study that the applicant proposes to undertake; and
(ii) the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(i) the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and
(ii) any other relevant matter.
insert 574.229A 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.
insert 574.231 The applicant is enrolled in, or has been offered a place in, a course of study that is:
(a) a principal course; and
(b) of a type that has been gazetted under regulation 1.40A for Subclass 574 visas.
574.232 If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
insert
Note 3 To work out whether a course of study is a principal course, see subregulation 1.40 (2).
omit 575.230.
insert 575.232.
[ 50 ] Schedule 2, subparagraph 575.221 (2) (b) (ii)
omit 575.230.
insert 575.232.
[ 51 ] Schedule 2, subparagraph 575.221 (3) (b) (ii)
omit 575.230.
insert 575.232.
substitute 575.223 (1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because the applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 575 and the assessment level to which the applicant is subject, in relation to:
(i) the applicant’s English language proficiency for the purposes of each course of study that the applicant proposes to undertake; and
(ii) the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(i) the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and
(ii) any other relevant matter.
insert 575.229A 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.
insert 575.231 The applicant is enrolled in, or has been offered a place in, a course of study that is:
(a) a principal course; and
(b) of a type that has been gazetted under regulation 1.40A for Subclass 575 visas.
575.232 If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
[ 55 ] Schedule 2, clause 576.111, definition of course of study or training
substitute
course of study means a full-time course of study or training under a scholarship scheme or training program approved by the AusAID Minister or the Defence Minister.
omit 576.229.
insert 576.230.
[ 57 ] Schedule 2, subparagraph 576.221 (2) (b) (ii)
omit 576.229.
insert 576.230.
[ 58 ] Schedule 2, subparagraph 576.221 (3) (b) (ii)
omit 576.229.
insert 576.230.
substitute 576.222 (1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because the applicant meets the requirements of subclause (2).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant gives to the Minister evidence, in accordance with the requirements mentioned in Schedule 5A for Subclass 576 and the assessment level to which the applicant is subject, in relation to:
(i) the applicant’s English language proficiency for the purposes of each course of study that the applicant proposes to undertake; and
(ii) the financial capacity of the applicant to undertake each of those courses of study without contravening any condition of the visa relating to work; and
(iii) other requirements under Schedule 5A; and
(b) the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:
(i) the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and
(ii) any other relevant matter.
omit course of study or training.
insert course of study.
insert 576.230 If the applicant is subject to assessment level 2, the Minister is satisfied that the regular income of any individual (including the applicant) providing funds to the applicant was sufficient to accumulate the level of funding being provided by that individual.
omit course of study or training.
insert course of study.
insert
4058A | 570 (Independent ELICOS Sector) | 8101, 8104, 8105, 8202, 8501, 8517 or 8518 |
4058B | 571 (Schools Sector) | 8101, 8104, 8105, 8202, 8501, 8517 or 8518 |
4058C | 572 (Vocational Education and Training Sector) | 8101, 8104, 8105, 8202, 8501, 8517 or 8518 |
4058D | 573 (Higher Education Sector) | 8101, 8104, 8105, 8202, 8501, 8517 or 8518 |
4058E | 574 (Masters and Doctorate Sector) | 8101, 8104, 8105, 8202, 8501, 8517 or 8518 |
4058F | 575 (Non-award Foundation/Other Sector) | 8101, 8104, 8105, 8202, 8501, 8517 or 8518 |
4058G | 576 (AusAID or Defence Sector) | 8101, 8104, 8105, 8202, 8501, 8517 or 8518 |
omit If the applicant
insert
(1) If the applicant
insert
(2) Subclause (1) does not apply to an applicant seeking to satisfy primary criteria in Subclass 574 (Masters and Doctorate Sector) if:
(a) his or her application was made in Australia; and
(b) at the time of the application, the applicant was the holder of a Subclass 560, 562 or 574 visa; and
(c) in connection with a course of study or with a matter arising from the course, the relevant educational institution requires the applicant to remain in Australia during the marking of a post-graduate thesis.
[ 66 ] Schedule 5A, subclause 5A208 (2), definition of funds from an acceptable source , paragraph (b)
omit institution;
insert institution to an acceptable individual;
[ 67 ] Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source , paragraph (b)
omit institution;
insert institution to an acceptable individual;
omit secondary
[ 69 ] Schedule 5A, subclause 5A408 (2), definition of funds from an acceptable source , paragraph (b)
omit institution;
insert institution to an acceptable individual;
omit Australia; and
insert Australia.
omit
[ 72 ] Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source , paragraph (b)
omit institution;
insert institution to an acceptable individual;
omit Australia; and
insert Australia.
omit
[ 75 ] Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source , paragraph (b)
omit institution;
insert institution to an acceptable individual;
omit Australia; and
insert Australia.
omit
[ 78 ] Schedule 5A, subclause 5A708 (2), definition of funds from an acceptable source , paragraph (b)
omit institution;
insert institution to an acceptable individual;
omit Australia; and
insert Australia.
omit
omit Australia; and
insert Australia.
omit
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; Statutory Rules 2001 No. 344.
2. Notified in the
Commonwealth of Australia Gazette on 21 February 2002.
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