EXPLANATORY STATEMENT
Migration Act 1958
- This Direction is made under section 499 of the Migration Act 1958 (‘the Act’).
2. Section 499 of the Act provides that the Minister may give written Directions to a person or body having functions or powers under the Act if the Directions are about the performance of those functions or the exercise of those powers. The Minister must not give Directions that would be inconsistent with the Act or the Migration Regulations 1994. A person or body given a Direction must comply with such a Direction.
3. The purpose of the Direction is to provide guidance to DIAC decision-makers about what may be considered as exceptional circumstances when determining whether cancellation action should be pursued for breach of condition 8202.
4. The Direction applies to the Student Visa (Class TU) visa, Subclass 570 (Independent ELICOS Sector), Subclass 571 (Schools Sector), Subclass 572 (Vocational Education and Training Sector), Subclass 573 (Higher Education Sector), Subclass 574 (Postgraduate Research Sector), Subclass 574 (Postgraduate Research Sector), Subclass 575 (Non-Award Sector) and Subclass 576 (AusAID or Defence Sector)
5. Consultation was conducted with Compliance Operational Support section, Framework and Training section and Regulations section. No external consultation was undertaken before the Instrument was made as the changes are minor or machinery in nature.
6. The Instrument, IMMI 07/034, commences on 1 July 2007.