EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR STUDENT VISA APPLICATIONS 2017/011

(Item 1222)

1. Instrument IMMI 17/011 is made under subregulation 2.07(5) of the
   Migration Regulations 1994 (the Regulations) for the purposes of Item 1222 of Schedule 1 to the Regulations.
2. The Instrument revokes IMMI 16/017 (F2016L00630) under subregulation 2.07(5) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The Instrument operates to specify the approved forms, and the place and manner for making a valid application for an Item 1222 Student (Temporary) (Class TU) visa.
4. The purpose of the Instrument is to specify form 157N for the purposes of subitem 1222(1) of Schedule 1 to the Regulations. The form must be provided as part of an application by applicants who are under 18 at the time of application and intend to reside with a parent, a person who has custody of the student, or a suitable relative.
5. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 21118).
7. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The Instrument commences on the day after it is registered on the Federal Register of Legislation.