EXPLANATORY STATEMENT
Migration Regulations 1994
CLASSES OF PERSONS
(Subitem 1222(1))
1. This Legislative Instrument is made under subparagraphs 1222(1)(a)(ii) and 1222(1)(aa)(i) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 1222(1)(a) provides that an applicant who is outside Australia and who is included in a class of persons specified in a legislative instrument made by the Minister for the purposes of subparagraph 1222(1)(a)(ii), must apply for a Student visa using Form 157A or 157E.
3. Subparagraph 1222(1)(aa) provides that an applicant who is in Australia and who is included in a class of persons specified by an instrument in writing for the purposes of subparagraph 1222(1)(aa)(i), must apply for a Student visa using Form 157A or 157A (Internet).
4. The purpose of the Legislative Instrument is to specify the classes of persons, in the case of an application made by an applicant outside Australia for a Student (Temporary) (Class TU) visa, who can use form 157A or 157E and in the case of an application made by an applicant applying in Australia for a Student (Temporary) (Class TU) visa, who can use form 157A or 157A (Internet).
5. The Legislative Instrument operates to:
- inform applicants for a Student (Temporary) (Class TU) visa about which form they can use to lodge an application outside Australia, in particular the classes of persons eligible to lodge online internet based applications;
- inform applicants for a Student (Temporary) (Class TU) visa about which form they can use to lodge an application in Australia, in particular the classes of persons eligible to lodge online internet based applications;
- specify that applicants in Classes 1 and 5 who lodge Internet applications must not do so earlier than the period specified in each instance. These periods do not apply to applicants who lodge paper applications; and,
- specify applicants for a Subclass 573 visa or Subclass 574 visa who meet the definition of an ‘eligible higher degree student’ and applicants for a Subclass 575 visa who meet the definition of an ‘eligible non-award student’ to Classes 1 and 5 of the Instrument. This allows these applicants the option of lodging an internet application.
6. The Instrument is updated to reflect a name change from ‘eligible university exchange student’ to ‘eligible non-award student’. This update has occurred within the Regulations. This change supports the extension of streamlined visa processing arrangements to selected low immigration risk non-university education providers (recommendation 1 of the Review of the Student Visa Assessment Level Framework 2013).
7. Consultation was conducted with relevant external stakeholders from the international education sector and other Commonwealth government agencies as part of the broader consultation during the Review of the Student Visa Assessment Level Framework 2013. These include education peak bodies, State/Territory and Commonwealth Departments of Education, Austrade and an External Reference Group comprising members with expertise in international education and immigration risk.
8. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
9. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16207).
10. This Legislative Instrument, IMMI 14/017, commences on 22 March 2014, immediately after the commencement of Migration Amendment (Redundant and Other Provisions) Regulation 2014.