Migration Regulations 1994 Specification of a Class of Persons IMMI 12/002 (Cth)

Commonwealth of Australia

Migration Regulations 1994

CLASS OF PERSONS

(PARAGRAPH 1222(3)(aa))

I, PAULA WILLIAMS, Delegate of the Minister for Immigration and Citizenship, acting under paragraph 1222(3)(aa) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE the Instrument number IMMI 09/082 signed on 17 July 2009 specifying a class of persons for the purposes of paragraph 1222(3)(aa) of the Regulations; AND

1. SPECIFY the following classes of persons for the purposes of paragraph 1222(3)(aa):

(a)A person who is outside Australia and:

(i)is a citizen of the People’s Republic of China and is either:

·     in the People’s Republic of China (excluding the Hong Kong Special Administrative Region and the Macau Special Administrative Region); or

·     in New Zealand; and

(ii)is not the holder of a Hong Kong Special Administrative Region of the People’s Republic of China Passport; or

(iii)is not the holder of a Hong Kong Special Administrative Region Document of Identity; or

(iv)is not the holder of a Macau Special Administrative Region of the People’s Republic of China Passport; or

(v)is not the holder of a Macau Special Administrative Region Document of Identity.

(b)        A person who is outside Australia and:

(i)         is a citizen of the Islamic Republic of Pakistan and is either:

·     in the Islamic Republic of Pakistan; or

·     in New Zealand; and

(ii)        does not have the support of the AusAID Minister or the Defence Minister.

(c)        A person who is outside Australia and:

(i)         is a citizen of the Islamic Republic of Afghanistan and is either:

·     in the Islamic Republic of Afghanistan or in the Islamic Republic of Pakistan; or

·     in New Zealand; and

(ii)        does not have the support of the AusAID Minister or the Defence Minister.

This Instrument, number IMMI 12/002 commences on 24 November 2012.

Dated  2 November   2012

Paula Williams

Delegate of the Minister for Immigration and Citizenship

[NOTE 1: Paragraph 1222(3)(aa) of the Regulations provides that an application for a Student (Temporary) (Class TU) Visa made on form 157A or 157G by an applicant who is included in a class of persons specified in a Gazette Notice for that paragraph must be made by posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister, or by having the application delivered by a courier service to the address specified by the Minister.

NOTE 2: Clause 5A803 of Part 8 of Schedule 5A to the Regulations provides that an applicant must give evidence that he or she is a person who has the support of the AusAID Minister, or a person who has the support of the Defence Minister, and evidence of the expected duration of the applicant’s study or training in Australia.]