EXPLANATORY STATEMENT

Migration Regulations 1994

STUDENT VISA ASSESSMENT LEVELS – AMENDMENT INSTRUMENT

(REGULATION 1.41)

1. This Instrument is made under subregulation 1.41(1) of Part 1 of the Migration Regulations 1994 (‘the Regulations’). This instrument amends instrument number IMMI 08/051 which was made on 28 July 2008.

2.  Regulation 1.41 of the Regulations allows the Minister to specify the assessment level for a kind of eligible passport. Relevantly, subregulation 1.41(1) permits the Minister to specify by Gazette Notice the assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject. Subregulation 1.41(4) provides that the assessment level specified for a kind of eligible passport must be a number from 1 to 5, with assessment level 1 specified for passport holders who pose a very low immigration risk and assessment level 5 specified for passport holders who pose an extremely high immigration risk. The assessment level is not required to be the same for each subclass of student visa.    

3.  The purpose of Instrument IMMI 08/051 was to amend the assessment levels for several countries in relation to each subclass of student visa. The amendments will move 43 countries across 118 education sectors to a lower assessment level rating. This will lower the minimum evidentiary requirements needed for the grant of a student visa for these selected countries and education sectors due to improving non-compliance levels from these countries. Nine countries across 18 sectors will move to a higher assessment level rating. This will increase the evidentiary requirements needed for the grant of a student visa.

4. After that instrument was made and registered on the Federal Register of Legislative Instruments, but before it commenced, it was found to contain two errors. “Brazil” appeared in Subclass 571 (Schools Sector) under Kind of Eligible Passport for both Assessment Level 1 and Assessment Level 2 whereas it was only intended to appear under Assessment Level 1. “India” also appeared in Subclass 573 under Kind of Eligible Passport for both Assessment Level 3 and Assessment Level 4 but was only intended to appear under Assessment Level 4.

5. The purpose of this instrument, IMMI 08/073, is to amend those errors. These amendments will be effected to IMMI 08/051 before it commences.

6. No further consultations were considered appropriate in making this instrument.

7. This Instrument, IMMI 08/073, commences on the day after registration on the Federal Register of Legislative Instruments.