EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR STUDENT VISA APPLICATIONS 2016/017
(Item 1222)
- Instrument IMMI 16/017 is made under subregulation 2.07(5) of the
Migration Regulations 1994 (the Regulations) - The operation of the Instrument is that under Sections 45 and 46 of the Migration Act 1958 as an application is required for an Item 1222 Student (Temporary) (Class TU) visa, the Minister specifies under subregulation 2.07(5) of the Regulations, the requirement of an approved form that must be completed by an applicant for a Subclass 500 (Student) visa and a Subclass 590 (Student Guardian) visa and other matters relating to the application.
- The purpose of the Instrument is for the Minister to specify the required approved form for an Item 1222 Student (Temporary) (Class TU) visa. The instrument states that all applicants seeking to apply for a:
- Subclass 500 (Student) visa must apply using the form 157A (Internet) unless authorisation by the Department for the use of paper form 157A is given in special circumstances. These special circumstances include applicants who encounter difficulty with online lodgement due to technical and systems based issues; or sensitive or high profile applications.
- Subclass 590 (Student Guardian) visa must apply using the form 157G (Internet) unless authorisation by the Department for the use of the paper form 157G is given in special circumstances. These special circumstances include applicants who encounter difficulty with online lodgement due to technical and systems based issues; or sensitive or high profile applications. Forms 157G (Internet) or 157G must be used in combination with form 157N when applying for the Subclass 590 (Student Guardian) visa.
The applicant must complete an approved form in accordance with any directions on that form. The Instrument is also for the Minister to specify the requirement under subregulation 2.07(5) of the way in which an application for an Student (Temporary) (Class TU) visa must be made in the manner and the place where an application for an Student (Temporary) (Class TU) visa must be made.
On 16 June 2015, the Australian Government released the Future Directions for Streamlined Visa Processing report and announced that it would implement the report’s eight recommendations; including a simplified student visa framework based on two of the key recommendations:
- reduce the number of student visa subclasses from eight to two; and
- implement a new combined country and provider immigration risk framework to guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.
Subclass 500 - Student and Subclass 590 – Student Guardian form part of the project to simplify the Australian Government’s student visa framework.
4. Consultation was undertaken with key international education sector stakeholders as part of the project to simplify Australia's student visa framework before this instrument was made. Stakeholders consulted included: Commonwealth agencies (Department of Education and Training, Austrade, Department of Foreign Affairs and Trade, the Department of Defence, the Australian Skills Quality Authority, and the Tertiary Education Quality and Standards Agency), state and territory government agencies (including school regulators), as well as industry peak bodies (Australian Council for Private Education and Training, Australian Government Schools International, Council of Private Higher Education, English Australia, Independent Schools Council of Australia, International Education Association of Australia, TAFE Directors Australia, and Universities Australia).
5. The Office of Best Practice Regulation (OBPR) has been consulted and a Regulatory Impact Statement has been completed, and is attached to this Explanatory Statement at Attachment A. (OBPR Reference 18083).
6. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
7. The Instrument commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No. 1) Regulations 2016.
Overview
The Arrangements for Student Visa Applications 2016/017 instrument was enacted to streamline the student visa application process in Australia, as part of the Migration Regulations 1994. The instrument was introduced to address the need to simplify the student visa framework, reduce the number of visa subclasses, and implement a new risk framework. This was in line with the recommendations of the Future Directions for Streamlined Visa Processing report released by the Australian Government on 16 June 2015. The instrument was developed following consultations with various stakeholders, including government agencies, industry peak bodies, and state and territory government agencies. The instrument was made by the Minister under subregulation 2.07(5) of the Migration Regulations 1994, and is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. The policy objective of the instrument is to simplify the student visa application process and create streamlined visa application processing opportunities for education providers across all sectors.
Scope and Application
The Arrangements for Student Visa Applications 2016/017 Instrument is a legislative instrument made under subregulation 2.07(5) of the Migration Regulations 1994, which specifies requirements for the application process for Subclass 500 (Student) and Subclass 590 (Student Guardian) visas. The Instrument applies to all applicants seeking to apply for a Subclass 500 (Student) visa or a Subclass 590 (Student Guardian) visa, including individuals and entities involved in the application process. The Instrument mandates the use of approved forms, specifically form 157A (Internet) for Subclass 500 applications and form 157G (Internet) for Subclass 590 applications, unless special circumstances warrant the use of paper forms. Special circumstances include technical difficulties with online lodgement or sensitive or high-profile applications. The Instrument also outlines the manner and place for making the application, ensuring a streamlined and efficient process for student visa applications. The Instrument is part of a broader project to simplify Australia's student visa framework, as recommended in the Future Directions for Streamlined Visa Processing report released by the Australian Government on 16 June 2015. Consultation with key stakeholders, including government agencies and industry peak bodies, was undertaken prior to the development of this Instrument.
Key Provisions
The primary sections of the Instrument IMMI 16/017 under the Migration Regulations 1994 detail the requirements for applying for a Subclass 500 (Student) visa and a Subclass 590 (Student Guardian) visa. Specifically, section 2.07(5) mandates that applicants must use the approved form 157A (Internet) for the Subclass 500 visa and form 157G (Internet) for the Subclass 590 visa. These forms are to be submitted online unless special circumstances apply, such as technical difficulties or sensitive applications, in which case the paper version can be used if authorised by the Department. Additionally, applicants for the Subclass 590 visa must use form 157N in combination with form 157G. The Instrument specifies the process and place for submitting these applications.
The obligations imposed by the Instrument on the applicants and relevant authorities include ensuring that all applications are made using the specified forms, either online or via paper if authorised. It also places a responsibility on the Department to provide guidance and authorisation for paper form use in special circumstances. Furthermore, applicants must complete the forms in accordance with any directions provided on the forms themselves. The Instrument aligns with the government's broader initiative to streamline the student visa process, which includes simplifying the visa framework by reducing the number of subclasses and implementing a new risk framework.
In terms of potential consequences, while the Instrument itself does not detail specific penalties, breaches of the Migration Act 1958 or regulations can lead to a range of civil and criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the breach. The specific penalties are outlined in the Migration Act and related regulations, and they can vary widely based on the nature and circumstances of the offence. For instance, providing false or misleading information in a visa application can result in substantial fines and imprisonment. It is essential for applicants to adhere to the requirements set out in the Instrument to avoid these potential legal repercussions.