Migration Amendment Regulations 2010 (No. 4) (Cth)

Migration Amendment Regulations 2010 (No. 4)¹

Select Legislative Instrument 2010 No. 71

I, QUENTIN BRYCE, 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 April 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2010 (No. 4).

Commencement

These Regulations commence on 19 April 2010.

Amendment of Migration Regulations 1994

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by Schedule 1 apply in relation to an application for a visa:

(a)made on or after 27 March 2010, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 19 April 2010; or

(b)made on or after 19 April 2010.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 2, paragraph 571.223 (2) (a)

substitute

(a)for an applicant who is not a person designated under regulation 2.07AO:

(i)the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

(ii)the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

(A)the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

(B)any other relevant matter; and

(iii)the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity; or

[2] Schedule 2, paragraph 572.223 (2) (a)

substitute

(a)for an applicant who is not a person designated under regulation 2.07AO:

(i)the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

(ii)the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

(A)the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

(B)any other relevant matter; and

(iii)the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity; or

[3] Schedule 2, paragraph 573.223 (2) (a)

substitute

(a)for an applicant who is not a person designated under regulation 2.07AO:

(i)the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

(ii)the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

(A)the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

(B)any other relevant matter; and

(iii)the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity; or

[4] Schedule 2, paragraph 574.223 (2) (a)

substitute

(a)for an applicant who is not a person designated under regulation 2.07AO:

(i)the applicant gives the Minister evidence in accordance with the requirements mentioned in Schedule 5A for the highest assessment level for the applicant; and

(ii)the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to:

(A)the stated intention of the applicant to comply with any conditions subject to which the visa is granted; and

(B)any other relevant matter; and

(iii)the Minister is satisfied that, while the applicant holds the visa, the applicant will have access to the funds demonstrated or declared in accordance with the requirements in Schedule 5A relating to the applicant’s financial capacity; or

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See