Overview

The Eligible Education Providers and Educational Business Partners 2015 (IMMI 15/132) is an instrument made under the Migration Regulations 1994. The Instrument was introduced to clarify, amend, or update the list of educational business partners and eligible education providers for different student visa subclasses. It was developed to ensure that the designated education providers and their business partners meet the criteria set out in the Migration Regulations 1994. The enacting body for this Instrument is the Minister for Immigration and Border Protection, exercising powers conferred by the Migration Act 1958. The primary policy objective of the Instrument is to maintain the integrity and quality of the student visa program by ensuring that only eligible education providers and their educational business partners are authorised to participate in the program.

Scope and Application

The Instrument IMMI 15/132, made under specific clauses of the Migration Regulations 1994, serves to delineate the educational business partners and eligible education providers for various student visa subclasses. This legislative instrument applies to education providers and educational business partners within the Vocational Education and Training Sector, Higher Education Sector, Postgraduate Research Sector, and the Non-award Sector. It specifies which education providers are eligible to be considered as educational business partners and confirms or amends the details of these nominated partners. This regulation ensures that only certain institutions are recognised as eligible education providers for the purposes of issuing student visas under the mentioned subclasses. The Instrument revokes the previous instrument IMMI 15/120, allowing for the amendment and confirmation of the current list of educational entities. This legislative action is exempt from disallowance under the Legislative Instruments Act 2003, and no Regulatory Impact Statement or Statement of Compatibility with Human Rights was required. The commencement date of this Instrument is 21 November 2015.

Key Provisions

The key provisions of the Instrument IMMI 15/132 (F2015L01820) revolve around the identification and confirmation of eligible education providers and educational business partners under the Migration Regulations 1994. Specifically, the Instrument revokes IMMI 15/120 (F2015L01275) and operates to specify which education providers are eligible to be recognised as such for various student visa subclasses (Clauses 572.112, 573.112, 574.112, and 575.112). These subclasses include the Vocational Education and Training Sector (Subclass 572), the Higher Education Sector (Subclass 573), the Postgraduate Research Sector (Subclass 574), and the Non-award Sector (Subclass 575). The Instrument also permits education providers to confirm or amend the details of their nominated educational business partners. The obligations imposed by the Instrument are primarily administrative and procedural. Eligible education providers are required to confirm their details and those of their educational business partners. This includes ensuring that any changes or confirmations are communicated accurately to the relevant authorities. The Instrument ensures that only those education providers who meet the specified criteria are eligible to participate in the student visa programs under the Migration Regulations 1994. There are no explicit offences or penalties outlined within the Instrument itself. However, any breaches of the Migration Regulations 1994, which the Instrument supports, may result in civil or criminal penalties. For example, providing false or misleading information to obtain a student visa could lead to fines and imprisonment. The maximum penalties for such breaches can vary depending on the specific offence, but they can include substantial fines and significant periods of imprisonment for serious or repeated violations. Overall, IMMI 15/132 aims to streamline and clarify the eligibility criteria for education providers and their business partners in the context of student visas. It ensures that only those who meet the necessary standards and provide accurate information can participate in the visa programs. This helps maintain the integrity of the visa system and supports the objectives of the Migration Regulations 1994.