Immigration (Education) Charge Regulations (Amendment)

Overview

The Immigration (Education) Charge Regulations (Amendment) 1994 No. 12, issued under the authority of the Minister for Immigration and Ethnic Affairs, serve to amend the Immigration (Education) Charge Regulations made under the Immigration (Education) Charge Act 1992. The primary objective of these regulations is to introduce four new classes of entry permits that are exempt from the English Education Charge, reflecting the government’s decision to grant permanent residence to certain humanitarian temporary entry permit holders as of 1 November 1993. By inserting these new classes—Class 815 (PRC (permanent)), Class 816 (special (permanent)), Class 817 (protection (permanent)), and Class 818 (highly qualified on-shore (permanent))—into the definition of "exempt entry permit," the regulations aim to ensure that the holders of these new permits are not required to pay the English Education Charge. The regulations are designed to take effect from 1 March 1994, aligning with the new policy direction of granting permanent residency to specific groups of individuals.

Scope and Application

The Immigration (Education) Charge Regulations (Amendment) 1994 No. 12 applies to persons who hold certain humanitarian temporary entry permits that were converted to permanent residence on 1 November 1993. Specifically, the amendment introduces four new classes of entry permits – Class 815 (PRC (permanent)), Class 816 (special (permanent)), Class 817 (protection (permanent)), and Class 818 (highly qualified on-shore (permanent)) – which are exempt from the English Education Charge imposed under the Immigration (Education) Charge Act 1992. The regulations, which commenced on 1 March 1994, are made under the authority of the Minister for Immigration and Ethnic Affairs and aim to align the legislative framework with the government’s decision to grant permanent residence to these individuals. This amendment ensures that those who have been granted these specific permanent entry permits are exempt from the educational charge, thereby streamlining the transition from temporary to permanent residency for eligible persons.

Key Provisions

The key provisions of the Immigration (Education) Charge Regulations (Amendment) 1994 No. 12 (the Regulations) are primarily concerned with the amendment of the existing Immigration (Education) Charge Regulations to exempt certain categories of individuals from the payment of the English Education Charge. Regulation 1 specifies that these Regulations come into effect on 1 March 1994. Regulation 2 mandates the amendment of the existing regulations as detailed within these Regulations. The most significant change is introduced in Regulation 3, which modifies paragraph 4(a) of the Immigration (Education) Charge Regulations to include four new classes of entry permits in the definition of "exempt entry permit." These new classes are Class 815 (PRC (permanent)) entry permit, Class 816 (special (permanent)) entry permit, Class 817 (protection (permanent)) entry permit, and Class 818 (highly qualified on-shore (permanent)) entry permit. The inclusion of these classes is directly related to the Government's decision to grant permanent residence to individuals who were holders of certain humanitarian temporary entry permits as of 1 November 1993. These Regulations impose certain obligations and requirements on the parties and entities they govern. The primary obligation is for the relevant authorities to recognise and exempt the specified classes of entry permit holders from the payment of the English Education Charge. This means that individuals holding any of the newly listed entry permits are not required to pay the charge that would otherwise apply under the Immigration (Education) Charge Act 1992. The amendment aims to ensure that the newly granted permanent residents are not subjected to this particular charge, thereby streamlining their transition to permanent residency. In terms of potential consequences for breach, the Regulations themselves do not explicitly outline criminal or civil penalties for non-compliance. However, the underlying Act, the Immigration (Education) Charge Act 1992, does provide for certain offences and penalties. For instance, under section 21 of the Act, an individual who fails to pay the prescribed charge may be guilty of an offence. The penalty for such an offence could potentially include fines and, in some cases, imprisonment, depending on the specific provisions and interpretations of the law. Additionally, any failure by authorities to correctly apply the exemptions as provided by these Regulations could lead to legal challenges or administrative penalties.