Migration Regulations 1994 - Determination – Meaning of Enrolled in Full-time Study at an Educational Institution 2015 - IMMI 15/070 (Cth)

Commonwealth of Australia

Migration Regulations 1994

DETERMINATION – MEANING OF ENROLLED IN FULL-TIME STUDY AT AN EDUCATIONAL INSTITUTION 2015

(Subregulation 2.06AAB(3))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulation 2.06AAB(3) of the Migration Regulations 1994 (the Regulations):

1. DETERMINE for the purposes of subparagraph 2.06AAB(2)(a)(ii) of the Regulations, that an applicant is enrolled in full-time study in an educational institution if at any time during the period specified in paragraph 2.06AAB(2)(a) of the Regulations, the applicant is either:

(a)enrolled in full-time study:

(i)at the following educational institutions:

1.primary school; or

2.secondary school or other equivalent educational institution authorised to issue a Senior Secondary Certificate of Education in the relevant State or Territory; and

(ii)which involves the applicant’s physical attendance at place located in a regional area for the purposes of study for the entire period of study; or

(b)enrolled in full‑time study:

(i)in a course leading to the award of an Australian Qualifications Framework (AQF) Level 1 qualification or higher, where:

1.for courses leading to the award of an AQF Level 1 qualification—the applicant is limited to undertaking a single course at that level for the purposes of full‑time study under this Instrument; or

2.for courses leading to the award of an AQF Level 2 qualification or higher—the applicant may undertake one or more courses at those levels for the purposes of full-time study under this Instrument;

3.if at any time the applicant undertakes more than one course concurrently, only one course may be considered for the purposes of full-time study for that time under this Instrument; and

(ii)at an educational institution authorised to issue an Australian Qualifications Framework (AQF) qualification;

(iii)which involves the applicant’s physical attendance at a place located in a regional area for the purposes of study for the entire period of study; and

(iv)for the purpose of this paragraph (b), does not include study which is wholly undertaken:

1.online;

2.by correspondence or by distance; or

3.otherwise on an external study basis.

(c)for the purposes of this Instrument:

(i)contact hours has the meaning given by regulation 1.03 of the Regulations;

(ii)enrolled means the applicant has enrolled and commenced study at the educational institution;

(iii)full-time study is taken to be:

1.for the purposes of paragraph (a) of this Instrument, the period of study determined as full-time study by the applicant’s educational institution;

2.for the purposes of paragraph (b) of this Instrument either:

(a)the period of study determined as full-time study by the applicant’s educational institution; or

(b)if the applicant’s educational institution does not determine full-time study, a period of study which comprises at least 20 contact hours per week.

(iv)regional area is specified under subclause 1404(4) of Schedule 1 to the Regulations.

This Instrument, IMMI 15/070 commences on 18 April 2015.

Dated 8 April 2015

Peter Dutton

Minister for Immigration and Border Protection