EXPLANATORY STATEMENT
Migration Regulations 1994
- 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 visa 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 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 15 countries across 59 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.
5. The Instrument operates to specify the assessment level for different countries in relation to applications for student visas.
6. As the proposed Instrument is likely to have a direct, or substantial indirect, effect on business, consultation was undertaken with:
- International Education Peak Bodies;
- Department of Education, Science and Training;
- Department of Foreign Affairs and Trade;
- Australian Security Intelligence Organisation
7. The Instrument commences on 1 November 2005.