Migration Regulations 1994 Specification of Classes of Persons IMMI 07/050 (Cth)
Commonwealth of Australia
Migration Regulations 1994
CLASSES OF PERSONS
(REGULATION 1222(1)(a)(ii))
I, TERESA GAMBARO, Assistant Minister for Immigration Citizenship, acting under regulation 1.17 and subparagraph 1222(1)(a)(ii) of the Migration Regulations 1994 (‘the Regulations’):
REVOKE the Instrument signed on 25 October 2005 specifying classes of persons for the purposes of subparagraph 1222(1)(a)(ii) of the Regulations; AND
SPECIFY the following classes of persons for the purposes of subparagraph 1222(1)(a)(ii):
Class 1
Persons who apply for a student visa and who:
(a) are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument;
(b) seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 1 to this Instrument;
(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 124 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 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.
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Class 3
Persons who apply for a student visa and who:
(a) are the holder of a passport issued by a foreign country set out in Schedule 2 to this notice;
(b) are in the foreign country that issued the passport;
(c) seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 2 to this notice;
(d) make their application through the services of an agent who is party to an agreement with the Department to use an Internet facility for offshore student visa applications;
(e) are six years of age or above;
(f) are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and
(g) apply for a student visa not more than 124 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 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 the Department 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 Instrument takes effect on the day after registration on the Federal Register of Legislative Instruments.
Dated 10 October 2007
TERESA GAMBARO
Assistant Minister for Immigration and Citizenship
[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) 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 Republic of Ireland | Italy | Singapore Vatican City State (Holy See) |
| SUBCLASS 571 (SCHOOLS SECTOR) | ||
| Andorra Austria Bahrain Belgium Brazil Brunei Canada Chile Czech Republic Denmark Estonia Finland France Germany Greece Hungary Hong Kong Special Adminsitrative Region of the People’s Republic of China Iceland | Ireland, Republic of | San Marino Singapore Slovak Republic Slovenia South Africa Spain Sweden Switzerland Taiwan United Arab Emirates United Kingdom [excluding British National (Overseas), British Dependant Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] United States of America Vatican City State (Holy See) Venezuela |
| SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR) | ||
| Andorra Austria Bahrain Belgium British National (Overseas) Brunei Canada Chile Denmark Estonia Finland France Germany Greece Hong Kong Special Administrative Region of the People’s Republic of China | Iceland | Singapore Vatican City State (Holy See) |
| SUBCLASS 573 (HIGHER EDUCATION SECTOR) | ||
| Andorra | Hong Kong Special Administrative Region of the People’s Republic of China | Norway Peru Poland Portugal San Marino Singapore Slovenia Spain Sweden Switzerland Taiwan United Arab Emirates United Kingsom [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 574 (POSTGRADUATE RESEARCH SECTOR) | ||
| Andorra | Hungary | South Africa Spain Sweden Switzerland Taiwan Thailand United Arab Emirates 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) Venezuela Vietnam |
| SUBCLASS 575 (NON-AWARD SECTOR) | ||
| Andorra | Republic of Ireland | Singapore Slovenia South Africa Spain Sweden Switzerland Taiwan United Arab Emirates 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 | |
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