Migration Regulations 1994 Specification of a Class of Persons March 2005 (Cth)

Commonwealth of Australia

Migration Regulations 1994

SPECIFICATION OF A CLASS OF PERSONS FOR THE PURPOSES OF SUBPARAGRAPH 1222(1)(a)(ii) OF THE MIGRATION REGULATIONS 1994

I, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and subparagraph 1222(1)(a)(ii) of the Migration Regulations 1994 (‘the Regulations’) hereby:

1. REVOKE the Gazette Notice signed on 17 June 2004 specifying a class of persons for the purposes of subparagraph 1222(1)(a)(ii) of the Regulations; AND

1. SPECIFY the following classes of persons for the purposes of subparagraph 1222(1)(a)(ii):

Class 1

Persons who apply for a student visa on or after 1 April 2005 and who:

(a)   are the holder of a passport issued by a foreign country set out in Schedule 1 to this notice;

(b)     seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 1 to this notice;

(c)   are six years of age or above;

(d)     are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and

(e)   apply for a student visa not more than one hundred and twenty four days prior to the date of

commencement of the first course specified on the electronic confirmation of enrolment(s).

Class 2

Persons who apply for a student visa on or after 1 April 2005 and who:

(a)   are the holder of a passport issued by a foreign country;

(b)     seek to satisfy the secondary criteria of a subclass of student visa; and

(c)   claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 1 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa.

Class 3

persons who apply for a student visa on or after 1 April 2005 and who:

(a)   are the holder of a passport issued by a foreign country set out in Schedule 2 to this notice;

(b)     seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 2 to this notice;

(c)   make their application through the services of an agent who is party to an agreement with Immigration to use an Internet facility for offshore student visa applications;

(d)     are six years of age or above;

(e)   are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and

(f)   apply for a student visa not more than one hundred and twenty four days prior to the date of commencement of the first course specified on the electronic confirmation of enrolment(s).

Class 4

persons who apply for a student visa on or after 1 April 2005 and who:

(a)   are the holder of a passport issued by a foreign country;

(b)     seek to satisfy the secondary criteria of a subclass of student visa;

(c)   make their application through the services of an agent who is party to an agreement with Immigration to use an Internet facility for offshore student visa applications; and

(d)     claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 3 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa.

This takes effect on and from 1 April 2005.

Dated 22 March 2005

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

[NOTE 1: Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

NOTE 2: Paragraph 1222(1)(a) of the Regulations was amended with effect on and from 1 July 2004. Relevantly, subparagraph 1222(1)(a)(ii) was omitted from the Regulations and subparagraph 1222(1)(a)(iii) was renumbered as subparagraph 1222(1)(a)(ii).

NOTE 3:Paragraph 1222(1)(a) provides that an applicant who is outside Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(a)(ii), must apply for a student visa using Form 157A or 157E.]

Schedule 1

SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)
Andorra Austria Belgium Brunei Canada Denmark Finland France Germany Greece Iceland Republic of Ireland	Italy Japan Liechtenstein Luxembourg Malaysia Malta Monaco Netherlands Norway Poland Portugal San Marino	Singapore Spain Sweden Switzerland Taiwan United Kingdom, [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] United States of America Vatican City State (Holy See)
SUBCLASS 571 (SCHOOLS SECTOR)
Andorra Austria Belgium Brunei Canada Denmark Estonia Finland France Germany Greece	Hungary Iceland Republic of Ireland Italy Japan Liechtenstein Luxembourg Malaysia Malta Monaco Netherlands	Norway Poland Portugal San Marino Singapore Spain Sweden Switzerland United States of America Vatican City State (Holy See)
SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)
Andorra Austria Belgium British National (Overseas) Brunei Canada Denmark Estonia Finland France Germany Greece	Hong Kong Special Administrative Region of the People’s Republic of China Iceland Republic of Ireland Italy Japan Liechtenstein Luxembourg Malta Malaysia	Monaco Netherlands Norway Poland Portugal San Marino Spain Sweden Switzerland United States of America Vatican City State (Holy See)

Schedule 1 [Cont]

SUBCLASS 573 (HIGHER EDUCATION SECTOR)
Andorra Austria Bahamas Barbados Belgium British National (Overseas) Brunei Canada Denmark Estonia Finland France Germany	Greece Hong Kong Special Administrative Region of the People’s Republic of China Iceland Republic of Ireland Italy Japan Liechtenstein Luxembourg Malaysia Malta	Monaco Netherlands Norway Poland Portugal San Marino Singapore Spain Sweden Switzerland Taiwan United States of America Vatican City State (Holy See)
SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)
Andorra Austria Bahamas Barbados Belgium British National (Overseas) Brunei Canada Denmark Estonia Finland France Germany Greece	Hong Kong Special Administrative Region of the People’s Republic of China Iceland Republic of Ireland Italy Japan Republic of Korea Liechtenstein Luxembourg Malaysia Malta	Monaco Netherlands Norway Poland Portugal San Marino Singapore Spain Sweden Switzerland Taiwan Thailand Vatican City State (Holy See)
SUBCLASS 575 (NON-AWARD SECTOR)
Andorra Austria Belgium Brunei Canada Denmark Estonia Finland France Germany Greece Hungary Iceland Republic of Ireland	Italy Japan Liechtenstein Luxembourg Malaysia Malta Monaco Netherlands Norway Poland Portugal San Marino Singapore	Spain Sweden Switzerland Taiwan United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] United States of America Vatican City State (Holy See)

Schedule 2

SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)
India	People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]	Thailand
SUBCLASS 571 (SCHOOLS SECTOR)
India	People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]	Thailand
SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)
India	People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]	Thailand

SUBCLASS 573 (HIGHER EDUCATION SECTOR)
India	People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]		Thailand
SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)
India		People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]
SUBCLASS 575 (NON-AWARD SECTOR)
India	People’s Republic of China [excluding the Special Administrative Regions of Hong Kong and Macau]		Thailand