Migration Regulations 1994 - Evidence of Further Funds and Living Costs - IMMI 14/004

Administered by Department of Home Affairs

Legislation au F2014L00316 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

EVIDENCE OF FURTHER FUNDS AND LIVING COSTS

(Paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), 575.613(3)(b) and 5B102(1)(a), clause 580.111 and subclause 5A104(1))

 

 

  1. This Instrument is made under Schedule 2, paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), 575.613(3)(b) and clause 580.111; and schedule 5A, subclause 5A104(1); and schedule 5B, paragraph 5B102(1)(a) of the Migration Regulations 1994 (‘the Regulations’).

 

2.                  Subclause 5A104(1) and paragraphs 5B102(1)(a) and 580.111 of the Regulations provides the living costs a student visa applicant must declare, and demonstrate having access to, is an amount specified in an instrument in writing.

 

3.                   Paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), and 575.613(3)(b), of the Regulations provide for an additional requirement in relation to the further amount of funds from an acceptable source a student visa applicant must demonstrate having access to.  These paragraphs apply if:

  • the student is subject to an assessment level of 3,
  • proposes to study in Australia for 10 months or less, and
  • does not want to be granted a student visa subject to Condition 8534 - this condition prevents a student from being granted a further substantive visa while in Australia (except for a protection visa, student visa, Subclass 497 (Graduate – Skilled) visa or Subclass 580 visa).  

 

4.                   The purpose of the Instrument is to specify the living costs amount and the further amounts of funds for student visa purposes as AUD $18 610 per year. The Instrument is updated to remove reference to paragraph 5A302(b) pertaining to assessment level 5, which has become redundant.  Assessment levels 4 and 5 have been removed from the Regulations as part of the simplification of the Student visa Assessment level Framework (recommendation 3 of the Review of the Student Visa Assessment Level Framework 2013).

 

5.                   The Instrument operates to specify ‘living costs amounts’ and ‘further amounts of funds’ in line with the Consumer Price Index (CPI).  The amounts specified in the Instrument have not been amended.

 

6.                  Consultation was conducted with relevant external stakeholders from the international education sector and other Commonwealth government agencies as part of the broader consultation during the Review of the Student Visa Assessment Level Framework 2013. These include education peak bodies, State/Territory and Commonwealth Departments of Education, Austrade and an External Reference Group comprising members with expertise in international education and immigration risk.

 

7.                  The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16151).

 

8.                   Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided (attached).

 

9.                   The Instrument, IMMI 14/004, commences on 22 March 2014, immediately after the commencement of Migration Amendment (Redundant and Other Provisions) Regulation 2014.


10.                              Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

 

Evidence of further funds and living costs

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

Overview of the Legislative Instrument

 

The purpose of this Legislative Instrument is to replace Legislative Instrument, IMMI 12/054 (F20 l 2LO1350). The new instrument will remove references to Subclause 5A302(b) of Schedule 5A of the Migration Regulations 1994 (the Regulations) pertaining to Assessment Level (AL) 5 which will be repealed as part of amendments to the Regulations.

This change is proposed in accordance with a recommendation contained in the Department of Immigration and Border Protection report entitled 'Review of the Student Visa Assessment Level Framework 2013 '. The review recommended that the student visa AL framework be simplified with the removal of AL4 and AL5.

 

 

 

Human rights implications

 

The amendments merely remove references to Subclause 5A302(b) of Schedule 5A of the Regulations.

The amendments are technical in nature and do not make substantive changes to persons' rights or interests. As such, the amendments do not engage any of the rights contained in the seven core international human rights treaties.

 

 

 

Conclusion

 

The Legislative Instrument is compatible with human rights as the amendments are technical in nature only and do not engage any of the human rights articulated in the seven core international human rights treaties.

 

 

 

The Hon. Michaelia Cash, Assistant Minister for Immigration and Border Protection

 

Overview

The Migration Regulations 1994 (the Regulations) were enacted to provide the legislative framework for the administration of Australia's migration system. The purpose of the instrument, F2014L00316, is to specify the living costs amount and the further amounts of funds for student visa purposes as AUD $18,610 per year. This update is necessary to remove references to the redundant paragraph 5A302(b) pertaining to assessment level 5, aligning with the simplification of the Student visa Assessment level Framework as recommended in the Review of the Student Visa Assessment Level Framework 2013. The instrument operates to specify 'living costs amounts' and 'further amounts of funds' in line with the Consumer Price Index (CPI), ensuring that the specified amounts remain current. This legislative instrument was made under the authority of the Migration Act 1958 by the Australian Government, specifically the Department of Immigration and Border Protection, to address gaps and redundancies in the regulatory framework for student visas.

Scope and Application

The Migration Regulations 1994, as amended by Legislative Instrument F2014L00316, pertains specifically to student visa applicants seeking to study in Australia for up to 10 months and who do not wish to be subject to Condition 8534, which restricts further visa applications while in Australia. This legislation applies to individuals who must demonstrate they have access to a specified amount of funds to cover living costs and additional funds as stipulated. The specified amounts are set in line with the Consumer Price Index, and as of the commencement of this instrument, the required living costs amount and further funds total AUD $18,610 per year. This instrument is a technical update to remove references to Assessment Level 5, which has been repealed as part of the broader simplification of the Student Visa Assessment Level Framework. The changes made by this legislative instrument are compatible with human rights as they do not alter the rights or interests of individuals and do not engage any of the rights contained in the core international human rights treaties.

Key Provisions

The Migration Regulations 1994, as amended, set out the financial requirements for student visa applicants, particularly in relation to living costs and further funds. According to subclause 5A104(1) and paragraphs 5B102(1)(a) and 580.111 of the Regulations, student visa applicants must declare and demonstrate access to specific living costs, specified in writing. These costs are currently set at AUD $18,610 per year (paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), 575.613(3)(b)). Additionally, if a student is subject to an assessment level of 3, proposes to study in Australia for 10 months or less, and does not wish to be granted a student visa subject to Condition 8534, further amounts of funds must be demonstrated. This additional requirement ensures that students have sufficient financial resources to cover their stay in Australia. The obligations under these provisions require student visa applicants to provide evidence of their financial capacity to support themselves during their stay in Australia. This includes providing documentation that demonstrates access to the specified living costs and, if applicable, the additional funds required. The financial evidence must be current and verifiable, ensuring that the applicants can meet their living expenses without becoming a public charge. Failure to meet these financial requirements can result in the refusal of a student visa. If an application is found to be lacking the necessary evidence of financial capacity, the visa may be refused under the relevant provisions of the Migration Act 1958. Furthermore, any misrepresentation or provision of false information regarding financial capacity can lead to more severe consequences, including a five-year ban on future visa applications under section 116 of the Migration Act. These stringent measures are in place to ensure that only those who can genuinely support themselves are granted student visas.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.