Overview

The Migration Regulations 1994, as amended by the instrument F2014L00757, address a specific need to facilitate the process through which student visa holders can apply for permission to work in Australia. This legislative instrument was enacted to streamline the application process by enabling eligible student visa holders to submit their applications online, rather than requiring them to use the traditional paper-based method. This change aims to enhance efficiency and accessibility for those seeking to extend their work rights while studying in Australia. The instrument was created under the authority of the Migration Act 1958, reflecting a policy objective to modernise visa application processes and align them with the integration of AusAID into the Department of Foreign Affairs and Trade (DFAT). This amendment was the result of consultations with DFAT and the Department of Education, ensuring the changes support the intended operation of the visa programs. The instrument commenced on 1 July 2014, following the implementation of related regulatory measures.

Scope and Application

The Migration Regulations 1994, specifically under subparagraph 1222(1)(aa)(ii), have been amended through this instrument to facilitate the application process for student visa holders who wish to work in Australia. This legislative change allows eligible students to apply for permission to work online, thus streamlining the application process and reflecting the integration of AusAID into the Department of Foreign Affairs and Trade (DFAT). The amendment specifies the classes of individuals who can submit their visa applications through the Internet or via paper, ensuring that the intended visa programs continue to operate effectively. This change does not necessitate a Regulatory Impact Statement, as advised by the Office of Best Practice Regulation, and is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, meaning a Human Rights Statement of Compatibility is also not required. The amendment came into effect on 1 July 2014, following the commencement of the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014.

Key Provisions

The main operative sections of the Migration Regulations 1994, as amended by the Instrument F2014L00757, pertain to the eligibility of certain classes of persons to apply for a student visa with work rights through the Internet (subparagraph 1222(1)(aa)(ii)). Specifically, this legislative amendment enables student visa holders who wish to apply for permission to work to do so online. The Instrument updates the references to ensure the visa programs operate as intended, following the integration of AusAID into the Department of Foreign Affairs and Trade (DFAT). Consultation with DFAT and the Department of Education was conducted prior to the making of the Instrument, ensuring stakeholder input was considered in the amendment process. The Act imposes obligations on student visa holders who wish to apply for work rights by requiring them to adhere to the specified application process, either online or via paper, as outlined in the Regulations. It also imposes a requirement on the relevant departments, namely DFAT and the Department of Education, to ensure the streamlined process operates effectively and to consult with each other as necessary to maintain the integrity and efficiency of the visa application process. The Instrument ensures that the visa programs continue to function as intended, with clear guidelines for eligibility and application methods. In terms of consequences for breach, the Regulations do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with the application process. However, it is implicit that failure to follow the prescribed application process could result in the application being rejected or the visa being refused. The broader legal framework under the Migration Act 1958 may impose penalties for providing false or misleading information in visa applications, including potential fines and imprisonment. The specific penalties for such breaches would be determined in accordance with the relevant provisions of the Migration Act.