Migration Regulations 1994 Specification of Assessment Levels for Kinds of Eligible Passports in relation to Subclasses of Student Visa March 2005 (Cth)
Commonwealth of
Migration Regulations 1994
SPECIFICATION OF ASSESSMENT LEVELS FOR KINDS OF ELIGIBLE PASSPORTS IN RELATION TO SUBCLASSES OF STUDENT VISA FOR THE PURPOSES OF REGULATION 1.41 OF THE MIGRATION REGULATIONS 1994
I, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and 1.41 of the Migration Regulations 1994 (‘the Regulations’):
REVOKE the Gazette Notice made for the purposes of regulation 1.41 and signed on
31 August 2004 specifying the assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject; AND
SPECIFY, in relation to an application for a student visa made on or after 1 April 2005, the assessment level for a kind of eligible passport in relation to each subclass of student visa referred to in the Schedule to this notice, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject, for the purposes of regulation 1.41.
This takes effect on 1 April 2005.
Dated
AMANDA VANSTONE
Minister for Immigration and Multicultural and Indigenous Affairs
[NOTE 1:Regulation 1.17 of the Migration 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:Subregulation 1.40(1) provides that for Division 1.8 of the Regulations, a passport is an eligible passport if it is a valid passport of a kind specified by Gazette Notice for this regulation; and the conditions (if any) specified by Gazette Notice for passports of that kind are satisfied.
NOTE 3:Subregulation 1.41(1) provides that the Minister must specify by Gazette Notice an assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject, other than an applicant who is a person designated under regulation 2.07AO and applies for a Subclass 571 (Schools Sector) visa, a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa or a Subclass 574 (Postgraduate Research Sector) visa.
NOTE 4:Subregulation 1.41(4) provides that the assessment level specified for a kind of eligible passport must be a number from 1 to 5, with assessment level 1 specified for a passport, holders of which pose a very low risk and assessment level 5 specified for a passport, holders of which pose an extremely high risk, and is not required to be the same for each subclass of student visa.]
Schedule
| Subclass 570 Independent ELICOS Sector | |||||
| Kind of eligible passport – Assessment level 1 | |||||
| | | Citizen, British Overseas Citizen, British Protected Person, British Subject] | |||
| Kind of eligible passport – Assessment level 2 | |||||
| British National (Overseas) | Hong Kong Special Administrative Region of the People’s Republic of Macau Special Administrative Region of the People’s Republic of | St Kitts-Nevis St Vincent & Grenadines | |||
| Kind of eligible passport – Assessment level 3 | |||||
| | | All eligible passports not elsewhere specified | |||
| Kind of eligible passport – Assessment level 4 | |||||
| People’s Republic of Special Administrative Regions of | | ||||
| Kind of eligible passport – Assessment level 5 | |||||
| None specified | |||||
Subclass 571 Schools Sector | |||||
| Kind of eligible passport – Assessment level 1 | |||||
| | | | |||
| Kind of eligible passport – Assessment level 2 | |||||
| British National (Overseas) | Hong Kong Special Administrative Region of the People’s Republic of Macau Special Administrative Region of the People’s Republic of | St Kitts-Nevis St Vincent & Grenadines | |||
| Kind of eligible passport – Assessment level 3 | |||||
| | | Citizen, British Overseas Citizen, British Protected Person, British Subject] All eligible passports not elsewhere specified | |||
| Kind of eligible passport – Assessment level 4 | |||||
| People’s Republic of | | ||||
| Kind of eligible passport – Assessment level 5 | |||||
| None specified | |||||
| Subclass 572 Vocational Education and Training Sector | |||||
| Kind of eligible passport – Assessment level 1 | |||||
| British National (Overseas) | Hong Kong Special Administrative Region of the People’s Republic of | | |||
| Kind of eligible passport – Assessment level 2 | |||||
| | Macau Special Administrative Region of the People’s Republic of | St Kitts-Nevis St Vincent & Grenadines Citizen, British Overseas Citizen, British Protected Person, British Subject] | |||
| Kind of eligible passport – Assessment level 3 | |||||
| | | All eligible passports not elsewhere specified | |||
| Kind of eligible passport – Assessment level 4 | |||||
| People’s Republic of | | ||||
| Kind of eligible passport – Assessment level 5 | |||||
| None specified | |||||
| Subclass 573 Higher Education Sector | |||
| Kind of eligible passport – Assessment level 1 | |||
| British National (Overseas) | Hong Kong Special Administrative Region of the People’s Republic of | | |
| Kind of eligible passport – Assessment level 2 | |||
| | Macau Special Administrative Region of the People’s Republic of | St Kitts-Nevis St Vincent & Grenadines Citizen, British Overseas Citizen, British Protected Person, British Subject] | |
| Kind of eligible passport – Assessment level 3 | |||
| | | All eligible passports not elsewhere specified | |
| Kind of eligible passport – Assessment level 4 | |||
| People’s Republic of | | ||
| Kind of eligible passport – Assessment level 5 | |||
| None specified | |||
| Subclass 574 Postgraduate Research Sector | |||
| Kind of eligible passport – Assessment level 1 | |||
| British National (Overseas) | Hong Kong Special Administrative Region of the People’s Republic of | | |
| Kind of eligible passport – Assessment level 2 | |||
| | Macau Special Administrative Region of the People’s Republic of | St Kitts-Nevis St Vincent & Grenadines Citizen, British Overseas Citizen, British Protected Person, British Subject] | |
| Kind of eligible passport – Assessment level 3 | |||
| | | All eligible passports not elsewhere specified | |
| Kind of eligible passport – Assessment level 4 | |||
| People’s Republic of | | ||
| Kind of eligible passport – Assessment level 5 | |||
| None specified | |||
| Subclass 575 Non-Award Sector | ||||
| Kind of eligible passport – Assessment level 1 | ||||
| | | Citizen, British Overseas Citizen, British Protected Person, British Subject] | ||
| Kind of eligible passport – Assessment level 2 | ||||
| British National (Overseas) | Hong Kong Special Administrative Region of the People’s Republic of Macau Special Administrative Region of the People’s Republic of | St Kitts-Nevis St Vincent & Grenadines | ||
| Kind of eligible passport – Assessment level 3 | ||||
| | | All eligible passports not elsewhere specified | ||
| Kind of eligible passport – Assessment level 4 | ||||
| People’s Republic of | | |||
| Kind of eligible passport – Assessment level 5 | ||||
| None specified | ||||
| Subclass 576 AusAID or Defence Sector | ||||
| Kind of eligible passport | Assessment level | |||
| None specified | Assessment level 1 | |||
| All eligible passports | Assessment level 2 | |||
| None specified | Assessment level 3 | |||
| None specified | Assessment level 4 | |||
| None specified | Assessment level 5 | |||
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