EXPLANATORY STATEMENT

Migration Regulations 1994

1. This Instrument is made under regulation 1.17 and subregulation 1.41(1) of Part 1 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 purpose of those provisions. 

3.  Regulation 1.41 of the Regulations allows the Minister to specify the assessment level for a kind of eligible passport. Relevantly, subregulation 1.41(1) permits the Minister to specify by Gazette Notice the assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student who seeks to satisfy the primary criteria will be subject. Subregulation 1.41(4) provides that the assessment level specified for a kind of eligible passport must be a number from 1 to 5, with assessment level 1 specified for passport holders who pose a very low immigration risk and assessment level 5 specified for passport holders who pose an extremely high immigration risk. The assessment level is not required to be the same for each subclass of student visa.    

4. 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.

5. For each student visa subclass there are criteria to be satisfied in respect of financial capacity, English language proficiency, potential to breach visa conditions and other relevant matters. The evidentiary standards for these criteria differ according to the assessment level assigned to each education sector and country. The higher the assessment level, the greater the minimum evidentiary standards a student visa applicant has to satisfy.

6.  The purpose of the Instrument is to amend the assessment levels for several countries in relation to each subclass of student visa. The amendments will move 18 countries across 63 education sectors to a lower assessment level rating. This will lower the minimum evidentiary requirements needed for the grant of a student visa for these selected countries and education sectors due to improving non-compliance levels from these countries.

2.                   The Instrument operates to specify the assessment level for different countries in relation to applications for student visas.

5. As the proposed Instrument is likely to have a direct, or substantial indirect, effect on business, consultation was undertaken with:

• Affiliation of International Education Peak Bodies;
• Department of Education, Science and Training;
• Department of Foreign Affairs and Trade;
• Department of Immigration and Multicultural and Indigenous Affairs representatives at relevant overseas posts;
• Department of Immigration and Multicultural and Indigenous Affairs airline liaison officers; and
• Department of Immigration and Multicultural and Indigenous Affairs Legislation Section.

6. The Instrument commences on 1 April 2005.