EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulation 1.17 and subparagraph 1222(1)(aa)(i) 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. Subparagraph 1222(1)(aa)(i) provides that an applicant for a Student (Temporary) (Class TU) visa who is in Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(aa)(i), may apply for a student visa using Form 157A or 157A(Internet).
3. The purpose of the Instrument is to enable certain non-citizens in Australia to apply for a student visa via the Internet, as an alternative to submitting a paper application.
4. The Instrument provides that a person who holds a student visa may make an Internet application for a further student visa while in Australia. This enables current students to extend their stay in Australia to undertake further study.
5. The Instrument also enables persons who represent a low immigration risk to make their first student visa application while in Australia.
6. In either case, the Instrument provides that the person must be at least 6 years of age to make an Internet application. The Instrument enables the person to apply up to 93 days before the commencement of their first course.
7. The Instrument also provides that a person who claims to be a member of the family unit of an eligible student may combine their application with that of the eligible student.
8. 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 July 2005.