Overview

The Migration Regulations 1994 (Migration (LIN 19/085: Academic Year) Instrument 2019) was enacted to clarify the definition of an academic year for the purposes of meeting the Australian study requirement under the Migration Act 1958. This requirement is pertinent to the Temporary Graduate visa (subclass 485) and the skilled migration points test for General Skilled Migration (GSM) visas. The instrument was made under the authority of the Migration Act 1958 and aims to eliminate any ambiguity regarding the duration of an academic year for course registration on the Commonwealth Register of Institutions and Courses for Overseas Students. The instrument specifies that an academic year must be a minimum of 46 weeks long, aligning with the policy standard established on 1 September 2007. The instrument was introduced by the Australian Government, overseen by the Parliament, with the policy objective of providing clarity and consistency in the application of migration provisions related to educational qualifications.

Scope and Application

The Migration (LIN 19/085: Academic Year) Instrument 2019 is a legislative instrument made under the Migration Regulations 1994. Its primary objective is to define what constitutes an academic year for the purposes of meeting the Australian study requirement, which is pertinent to the application process for Temporary Graduate visas (subclass 485) and the skilled migration points test for General Skilled Migration (GSM) visas. This instrument repeals the earlier instrument IMMI 09/040 (F2009L01654) and specifies that an academic year must comprise at least 46 weeks. The instrument applies to international students who are applying for a Temporary Graduate visa, as well as those who are seeking points for the skilled migration points test under GSM visas. This definition is crucial as it determines the duration for which a student must be enrolled in a course listed on the Commonwealth Register of Institutions and Courses for Overseas Students. The instrument does not require consultation as it is considered of a minor or machinery nature and does not substantially alter existing arrangements. Furthermore, it is exempt from disallowance and does not necessitate a Statement of Compatibility with Human Rights. The instrument is effective from the day following its registration on the Federal Register of Legislation.

Key Provisions

The instrument LIN 19/085 under the Migration Regulations 1994 (section 1.03) defines an academic year as a period of at least 46 weeks, as per section 15J(2)(e) of the Legislation Act 2003. This definition aligns with the policy standard that has been in place since 1 September 2007, ensuring clarity and consistency for the purposes of meeting the Australian study requirement for Temporary Graduate visas (subclass 485) and the skilled migration points test under General Skilled Migration (GSM) visas. This requirement stipulates that students must have completed the Australian study requirement within the six months prior to applying for a Temporary Graduate visa. For GSM visa applicants, meeting the Australian study requirement can contribute to earning points under the skilled migration points test. The instrument repeals the previous instrument IMMI 09/040 (F2009L01654) and brings consistency to the interpretation of what constitutes an academic year in the context of migration policy. It ensures that there is a clear and uniform understanding of the duration of an academic year, which is essential for the assessment of study requirements by the Department of Home Affairs. The regulation also clarifies the registration period on the Commonwealth Register of Institutions and Courses for Overseas Students, which is critical for the recognition of study periods undertaken by international students in Australia. The obligations imposed by the instrument include the requirement that educational institutions and students accurately report the duration of study periods, ensuring that they meet the 46-week threshold to qualify for migration benefits. Institutions must ensure that courses are registered on the Commonwealth Register of Institutions and Courses for Overseas Students for the requisite period, and students must provide evidence of completing the required duration to support their visa applications. Failure to comply with the provisions of this instrument may not directly result in criminal or civil penalties, given its minor or machinery nature. However, non-compliance could indirectly affect visa applications by not meeting the Australian study requirement. Students may face delays or denials in their visa applications if they fail to provide the necessary evidence of completing the 46-week academic year. This underscores the importance of adhering to the regulations to ensure the legitimacy and validity of their study duration for migration purposes.