Overview

The Migration (LIN 20/102: Arrangements for Student (Temporary) (Class TU) visa applications) Instrument 2020 was enacted to address the specific needs of students whose visas were cancelled due to the Covid-19 pandemic, which was declared a Public Health Emergency of International Concern by the World Health Organisation. This legislative instrument, made under subregulation 2.07(5) of the Migration Regulations 1994, revokes the previously applicable arrangements in IMMI 17/011 and specifies new protocols for the submission of visa applications by former Student (Temporary) (Class TU) visa holders in Australia. The policy objective is to provide a streamlined process for these students to apply for a new visa, reflecting the extenuating circumstances brought about by the pandemic. The instrument was developed in consultation with the Department of Health and industry stakeholders to ensure it appropriately responds to the health and safety concerns raised by the pandemic. The Office of Best Practice Regulation determined that a Regulatory Impact Statement was not required, and the instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. It was made by a Senior Executive Service, Band 2 officer in the Immigration and Community Protection Policy Division, who was duly delegated the necessary powers. The instrument comes into effect the day after its registration on the Federal Register of Legislation.

Scope and Application

The Migration (LIN 20/102: Arrangements for Student (Temporary) (Class TU) visa applications) Instrument 2020 applies to individuals who were previously holders of a Student (Temporary) (Class TU) visa and have had their visas cancelled as a direct consequence of the COVID-19 pandemic, which was designated as a Public Health Emergency of International Concern by the World Health Organisation. This instrument facilitates the process for these former visa holders who are currently in Australia to reapply for a Student (Temporary) (Class TU) visa, ensuring that they can continue their studies in the country despite the disruptions caused by the pandemic. The instrument specifies the approved forms and the place and manner in which a valid application must be made, thereby providing a clear and structured pathway for these applicants to follow. It is made under subregulation 2.07(5) of the Migration Regulations 1994 and is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. The instrument operates nationally, aligning with the overarching framework of the Migration Regulations 1994, which applies throughout Australia. The instrument commenced on the day after it was registered on the Federal Register of Legislation.

Key Provisions

The main provisions of Instrument LIN 20/102 revolve around the arrangements for Student (Temporary) (Class TU) visa applications, specifically in response to the impact of the Covid-19 pandemic. Under section 2.07(5) of the Migration Regulations 1994, this instrument revokes the previous arrangements for student visa applications (IMMI 17/011) and establishes new guidelines for applicants who were in Australia with a Student (Temporary) (Class TU) visa and had their visas cancelled due to the pandemic. The new arrangements (section 1222 of Schedule 1 to the Regulations) allow the Minister to specify the approved forms and procedures for making a valid application for a Student (Temporary) (Class TU) visa. The Act imposes several obligations and requirements on the parties involved. It mandates that the Minister is responsible for specifying the approved forms and procedures for student visa applications under the new arrangements. This includes defining the necessary documentation and the specific process for submitting applications. Furthermore, the Instrument requires applicants to provide evidence of their previous visa status and the circumstances that led to its cancellation due to the Covid-19 pandemic. Additionally, applicants must comply with any additional requirements or conditions set by the Minister to ensure their applications are valid and complete. In terms of offences, penalties, or consequences for non-compliance, the Instrument does not explicitly state penalties within the text provided. However, under Australian law, failure to comply with visa application requirements can lead to various consequences. These may include visa application refusals, potential deportation, and in severe cases, civil or criminal penalties for misrepresentation or providing false information. The specific penalties would depend on the nature and extent of the breach, and could be determined under the Migration Act 1958 or other relevant legislation. The seriousness of the offence would dictate the potential maximum penalties, which might range from fines to imprisonment.