EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulation 1.17 and paragraph 1222(1)(aa)(ii) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions. Subparagraph 1222(1)(aa)(ii) provides that an applicant for a Student (Temporary) (Class TU) visa who is in Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(aa)(ii), may apply for a student visa using Form 157P or 157P(Internet). Form 157P and 157P (Internet) are intended for use by students seeking permission to work.
3. The purpose of the Instrument is to allow student visa holders in Australia who wish to apply for permission to work to make their student visa application via the Internet.
4. The Instrument operates to specify the class of persons eligible to make an Internet application for a student visa with permission to work. To make a valid Internet application for permission to work, a person must:
- hold a student visa;
and either:
- have commenced their course of study; or
- be a family unit member of such a person.
5. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation is not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Instrument commences on 1 July 2005.