Migration Amendment Regulations 2001 (No. 9) 2001 No. 283
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 283
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration Amendment Regulations 2001 (No. 9)
Subsection 504(1) of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the Regulations is to amend the Migration Regulations 1994 (the Regulations) to broaden the scope of student visa applicants who can benefit from being automatically subject to assessment level 2. This is to facilitate the transition from the old student visa scheme to the new student visa scheme introduced on 1 July 2001.
The new student visa scheme requires that certain extra evidentiary requirements must be met before a visa can be granted. There are five assessment levels, with assessment level 5 having the most stringent requirements. The extra evidentiary requirements that must be met include English language proficiency, financial capacity and other requirements.
The Regulations provide for additional specified student visa applicants, who would otherwise be subject to assessment level 3, 4 or 5, to be automatically subject to the less stringent assessment level 2.
The intention is to remove any disadvantage resulting from the financial requirements for assessment level 3 and 4 students, which require that funds be held for a period of 3 or 6 months prior to application. These requirements were introduced as part of the 1 July 2001 changes to the student visa scheme.
The Regulations capture students who, as a result of the transition from the old scheme, will not have known about the 3 or 6 months savings history requirement stipulated for assessment level 3 and 4 in Schedule 5A. Hence, it provides for certain applicants to be subject to assessment level 2.
By 31 March 2002 all current students will have had time to have held those funds for the required 3 or 6 months. The Regulations only apply to an applicant if the application is made on or before 31 March 2002.
Details of the Regulations are set out in the Attachment.
The Regulations commence on gazettal.
ATTACHMENT
Regulation 1 - Name of Regulations
This regulation provides that these Regulations are the Migration Amendment Regulations 2001 (No. 9).
Regulation 2 - Commencement
This regulation provides that these Regulations commence on gazettal.
Regulation 3 - Amendment of Migration Regulations 1994
This regulation provides that Schedule 1 to these Regulations amends the Migration Regulations 1994.
Regulation 4 - Transitional
This regulation provides that Schedule 1 to these Regulations applies to:
- an application for a visa made, but not finally determined, before the commencement of these Regulations; and
- an application for a visa made on or after the commencement of these Regulations.
Schedule 1
Item [1.42] - After subregulation 1.42(4)
This item inserts new subregulations 1.42(5) and (6) into regulation 1.42.
The purpose of the amendment is to broaden the scope of student visa applicants who can benefit from being automatically subject to assessment level 2. This is to facilitate the transition from the old student visa scheme to the new student visa scheme introduced on 1 July 2001.
The amendments to the student visa scheme that commenced on 1 July 2001 provided, in subregulations 1.42(2) to (4), for certain student visa applicants, who would otherwise be subject to assessment level 3, 4 or 5, to be automatically subject to the less stringent assessment level 2.
New subregulations (5) and (6) provide for additional specified student visa applicants, who would otherwise be subject to assessment level 3, 4 or 5, to be automatically subject to the less stringent assessment level 2.
Subregulations 1.42(2)-(4) cover certain student visa applicants seeking to complete their existing package of studies in Australia.
New subregulations 1.42(5) and (6) cover certain student visa applicants seeking to commence a brand new course of study in Australia.
The intention is to remove any disadvantage resulting from the financial requirements for assessment level 3 and 4 students, which require that funds be held for a period of 3 or 6 months prior to application. These requirements were introduced as part of the 1 July 2001 changes to the student visa scheme.
New subregulations 1.42(5) and (6) are intended to capture students who, as a result of the transition from the old scheme, will not have known about the 3 or 6 months savings history requirement stipulated for assessment level 3 and 4 in Schedule 5A. Hence, it provides for certain applicants to be subject to assessment level 2.
By 31 March 2002 all current students will have had time to have held those funds for the required 3 or 6 months. New subparagraph 1.42(5)(a)(ii) therefore provides that subregulation 1.42(6) only applies to an applicant if the application is made on or before 31 March 2002.