EXPLANATORY STATEMENT

Migration Regulations 1994

Class of persons
(PARAGRAPH 1222(3)(aa))

1. This Instrument is made under paragraph 1222(3)(aa) of Schedule 1 to the Migration Regulations 1994.
2. Paragraph 1222(3)(aa) of the Regulations provides that application for a Student (Temporary) (Class TU) Visa completed on form 157A or 157G by an applicant who is included in a class of persons specified in a Gazette Notice for this paragraph must be made by posting the application (with the correct pre-paid postage) to the post office box address specified by the Minister; or having the application delivered by a courier service to the address specified by the Minister.
3. The purpose of the Instrument is to specify the classes of persons that must lodge a Student (Temporary) (Class TU) visa application to the Adelaide Onshore Student Processing Centre (AOSPC), the address of which is specified in a separate instrument.
4. The Instrument operates to specify the class of persons that must apply for a Student (Temporary) (Class TU) visa application by submitting their application to the AOSPC.  These classes of persons are defined as citizens of specified countries.  Additional classes of persons, being persons who are outside Australia and who are not the holder of a Hong Kong Special Administrative Region Document of Identity, or the holder of a Macau Special Administrative Region Document of Identity, have been included in the instrument.
5. Consultation is unnecessary as, under subsection 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13556).
8. The Instrument, number IMMI 12/002, commences on 24 November 2012.