EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulation 1.17 and subparagraph 1222(1)(a)(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. Paragraph 1222(1)(a) provides that an applicant for a Student (Temporary) (Class TU) visa who is outside Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(a)(ii), must apply for a student visa using Form 157A (Paper) or 157E (Internet).
3. The purpose of the Instrument is to continue to allow Internet applications from Assessment Level 1 students as well as students from China, India and Thailand who make their application through the services of an agent who is party to an agreement with the Department of Immigration and Multicultural and Indigenous Affairs. The Assessment Levels are a key tool in managing risk in the student visa program. In specifying an Assessment Level, objective indicators of risk presented by students are considered. The calculated risk reflects non-compliance factors such as fraud, visa non-compliance, refusals, applications for residence (other than skilled), applications for protection visas and overstay rates. Assessment Levels are prescribed according to the calculated risk presented by students from different countries and education sectors.
4. The instrument operates to specify the four classes of persons who are outside Australia and are eligible to make Internet student visa applications.
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.
7. The instrument commences on 1 April 2005.