Migration Regulations 1994 Specification of Types of Courses for Student Visas IMMI 12/037 (Cth)

Commonwealth of Australia

Migration Regulations 1994

TYPES OF COURSES FOR STUDENT VISAS

(SUBREGULATION 1.40A(1)

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under subregulation 1.40A(1) of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE Legislative Instrument IMMI 10/069 signed on 17 November 2010, specifying types of courses for the purposes of regulation 1.40A of the Regulations; AND

1. SPECIFY, for the purposes of regulation 1.40A(1), the types of courses set out in Schedule 1 to this instrument for the corresponding visa subclass set out in that Schedule.

This Instrument, number IMMI 12/037, commences on 24 March 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No. 1)

Dated 21 March 2012

CHRIS BOWEN

Minister for Immigration and Citizenship

[NOTE 1:      Subregulation 1.40A(1) provides that the Minister must specify by instrument in writing the types of courses for each subclass of student visa, except Subclass 576 (AusAID or Defence Sector).

NOTE 2:       Subregulation 1.40A(2) provides that the Minister is not required to specify a course if the subclass of student visa is Subclass 576 (AusAID or Defence Sector); or the course would be undertaken by (i) an applicant for a Subclass 573 (Higher Education Sector) visa who would be an eligible higher degree student within the meaning of Part 573 of Schedule 2; or (ii) an applicant for a Subclass 574 (Postgraduate Research Sector) visa who would be an eligible higher degree student within the meaning of Part 574 of Schedule 2; or (iii) an applicant for a Subclass 575 (Non-Award Sector) visa who would be an eligible university exchange student within the meaning of Part 575 of Schedule 2.

NOTE 3:       “Student visa” is defined in regulation 1.03 of the Regulations and means any of the following subclasses of a visa: (a) a Subclass 570 (Independent and ELICOS Sector) visa; (b) a Subclass 571(Schools Sector) visa; (c) a Subclass 572 (Vocation Education and Training Sector) visa; (d) a Subclass 573 (Higher Education Sector) visa; (e) a Subclass 574 (Postgraduate Research Sector) visa; (f) a Subclass 575 (Non-Award Sector) visa; (g) a Subclass 576 (AUSAID or Defence Sector) visa.]

Schedule 1

VISA SUBCLASS	TYPES OF COURSES
Subclass 570 (Independent ELICOS Sector)	Non-Award ELICOS
Certificate I in ELICOS
Certificate II in ELICOS
Certificate III in ELICOS
Certificate IV in ELICOS
Subclass 571 (Schools Sector)	Primary School
Secondary School (including Junior Secondary and Senior Secondary)
Secondary Exchange Programs
Subclass 572 (Vocational Education and Training Sector)	Certificate I, II, III and IV, other than ELICOS
Vocational Education and Training Diploma
Vocational Education and Training Advanced Diploma
Vocational Graduate Certificate
Vocational Graduate Diploma
Subclass 573 (Higher Education Sector)	Higher Education Diploma
Higher Education Advanced Diploma
Bachelor Degree
Graduate Certificate
Graduate Diploma
Associate Degree
Masters by Coursework
Subclass 574 (Postgraduate Research Sector)	Masters by Research
Doctoral Degree
Subclass 575 (Non-Award Sector)	Full time courses other than ELICOS not leading to an Australian award