EXPLANATORY STATEMENT

Migration Regulations 1994

CLASSES OF PERSONS

(Subparagraph 1222(1)(aa)(ii))

1. This Instrument is made under subparagraph 1222(1)(aa)(ii) of the Migration Regulations 1994 (‘the Regulations’).
2. The purpose of the Instrument is to allow student visa holders in Australia, who wish to apply for permission to work, to make their student visa application via the Internet.
3. The Instrument operates to specify the classes of persons eligible to make an Internet or paper application for a student visa with permission to work.  This Instrument amendment is a result of machinery of government changes regarding the integration of AusAID into the Department of Foreign Affairs and Trade (DFAT) and updates any reference to ensure the visa programs operate as intended.  
4. Consultation was undertaken with DFAT and the Department of Education before the instrument was made.

5. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17020).

6. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

7. The Instrument commences on 1 July 2014 immediately after the commencement of Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014.