EXPLANATORY STATEMENT
Migration Regulations 1994
AUSTRALIAN VALUES STATEMENT FOR
PUBLIC INTEREST CRITERION 4019 – 2016/011
(Schedule 4, Part 3, Clause 3.1)
- Instrument IMMI 16/011 is made under Clause 3.1 of Part 3 of Schedule 4 to the Migration Regulations 1994 (the Regulations).
- The purpose and operation of the Instrument is for the Minister to approve the value statement in the Schedule to the Instrument for the Subclass 500 (Student) visa and Subclass 590 (Student Guardian) visa. The value statement includes values that are important to Australian society and compliance with the laws of Australia which an applicant is to sign to meet the requirements of public interest criterion 4019. The values statement is taken to have been signed by an applicant who makes an internet application for a Subclass 500 (Student) visa or a Subclass 590 (Student Guardian) visa if the instructions for the signing the values statement are followed.
On 16 June 2015, the Australian Government released the Future Directions for Streamlined Visa Processing report and announced that it would implement the report’s eight recommendations; including a simplified student visa framework based on two of the key recommendations:
- reduce the number of student visa subclasses from eight to two; and
- implement a new combined country and provider immigration risk framework to guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.
Subclass 500 - Student and Subclass 590 – Student Guardian form part of the project to simplify the Australian Government’s student visa framework.
3. Consultation was undertaken with key international education sector stakeholders as part of the project to simplify Australia's student visa framework before this instrument was made. Stakeholders consulted included: Commonwealth agencies (Department of Education and Training, Austrade, Department of Foreign Affairs and Trade, the Department of Defence, the Australian Skills Quality Authority, and the Tertiary Education Quality and Standards Agency), state and territory government agencies (including school regulators), as well as industry peak bodies (Australian Council for Private Education and Training, Australian Government Schools International, Council of Private Higher Education, English Australia, Independent Schools Council of Australia, International Education Association of Australia, TAFE Directors Australia, and Universities Australia).
4. The Office of Best Practice Regulation (OBPR) has been consulted and a Regulatory Impact Statement has been completed, and is attached to this Explanatory Statement at Attachment A. (OBPR Reference 18083).
5. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
6. The Instrument, IMMI 16/011, commences on 1 July 2016.
Overview
The Australian Government introduced the Migration Regulations 1994, which were enacted to manage the immigration processes and policies in Australia. The 2016 amendment, F2016L00552, aimed to address the complexity and inefficiencies within the student visa framework by simplifying the existing system. This change was made under the authority of the Migration Act 1958 and was designed to meet the policy objective of enhancing the efficiency and effectiveness of the student visa application process. The amendment streamlined the student visa subclasses from eight to two, namely the Subclass 500 (Student) visa and the Subclass 590 (Student Guardian) visa. This was achieved by implementing a new combined country and provider immigration risk framework that guided the evidentiary requirements for student visas, thereby facilitating a more streamlined visa application process for education providers. The enacting body, the Australian Government, consulted with key stakeholders including various departments, state and territory government agencies, and industry peak bodies to ensure a comprehensive and balanced approach to the reform.
Scope and Application
The Migration Regulations 1994, through the Instrument IMMI 16/011, establish an Australian Values Statement that applicants for the Subclass 500 (Student) visa or Subclass 590 (Student Guardian) visa must sign to comply with the public interest criterion 4019. This statement, which encompasses values important to Australian society and compliance with Australian laws, is automatically deemed signed if the applicant follows the online application process. This measure is part of the broader initiative to streamline the student visa framework by reducing the number of subclasses from eight to two and implementing a new immigration risk framework for student visas. The process involved consultation with various stakeholders, including government agencies, state and territory education regulators, and industry peak bodies, ensuring a comprehensive approach to visa simplification. The Instrument, which is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, took effect on 1 July 2016, marking a significant step in the government's efforts to enhance the efficiency and integrity of the student visa application process.
Key Provisions
The main operative sections of the Australian Values Statement for Public Interest Criterion 4019 – 2016/011 (Schedule 4, Part 3, Clause 3.1) pertain to the approval of a value statement for applicants of the Subclass 500 (Student) visa and Subclass 590 (Student Guardian) visa (Section 1). This statement includes values important to Australian society and compliance with Australian laws, which applicants must sign to meet public interest criterion 4019. This requirement is part of a broader initiative to simplify the student visa framework, reducing the number of subclasses from eight to two and implementing a new risk framework for student visas. The values statement is deemed signed if the applicant follows the instructions provided during the online application process.
This legislation imposes several obligations on the applicants and education providers. Applicants for the Subclass 500 or Subclass 590 visa must sign the Australian Values Statement, affirming their adherence to values important to Australian society and compliance with Australian laws. This requirement is integral to the public interest criterion 4019, ensuring that visa applicants are aligned with the principles valued by Australian society. Education providers must also ensure that their students are aware of and comply with these values, facilitating the application process and maintaining the integrity of the student visa system.
Failure to comply with the requirements of the Australian Values Statement can result in serious consequences. While specific offences and penalties are not detailed in the explanatory statement, non-compliance could lead to the denial of a visa application, potential visa cancellation, or other administrative actions. These consequences underscore the importance of adhering to the values statement as part of the visa application process, ensuring that applicants meet the public interest criterion 4019. The simplified student visa framework aims to streamline the process, but compliance with the values statement remains a critical component to maintain the integrity and purpose of the visa system.