Migration Regulations (Amendment) (Cth)

Statutory Rules 1992 No. 4331

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Migration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 17 December 1992.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

GERRY HAND

Minister of State for Immigration,

Local Government and Ethnic Affairs

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1. Amendment

1.1 The Migration Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, S. 48.]

2. Regulation 98b (Student (Category A) visa)

2.1 Subregulation 98b (1):

Omit “The”, substitute “Subject to subregulation (1b) and (1c), the”.

2.2 After subregulation 98b (1a), insert:

“(1b) Paragraph (1) (c) does not apply to an applicant if:

(a) the applicant is a Burmese national; and

(b) the applicant’s enrolment mentioned in paragraph (1) (a) is enrolment as a student under a scholarship scheme or training program approved by AIDAB; and

(c) the Minister and the Minister for Foreign Affairs and Trade have jointly determined that it is in the public interest that that applicant should enter Australia as a student.

“(1c) No more than 10 visas are to be granted in the financial year commencing on 1 July 1992 to applicants of the kind referred to in subregulation (1b).”.

2.3 Subregulation 98b (2):

Omit “Where”, substitute “Subject to subregulation (2a), if.

2.4 After subregulation 98b (2), insert:

“(2a) Subparagraph (2) (c) (i) does not apply to an applicant who is a dependant of a person referred to in subregulation (1b).”.

3. Schedule 2 (Classes of visas, prescribed criteria and code numbers)

3.1 Part 1 (Classes of visas not subject to special provision (subregulation 41 (4) not applicable)):

Item 58:

Omit the item, substitute:

“58 student (category A)	(a) the criteria specified in regulation 98b	560”.
(b) in the case of an applicant referred to in subregulation 98b (1b) or (2a): b1, D, H
(c) in any other case—B1, D, H, K

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1992.

2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295, 342, 349, 418, 481 and 484; 1992 Nos. 22, 51, 96, 112, 125, 183, 231, 278, 291, 311, 315, 346 and 392.