EXPLANATORY STATEMENT
Migration Regulations 1994
EVIDENCE OF FURTHER FUNDS AND LIVING COSTS
- This Instrument is made under Schedule 2, paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), 575.613(3)(b) and clause 580.111; and schedule 5A, subclause 5A104(1) and paragraph 5A302(b); and schedule 5B, paragraph 5B102(1)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. Subclause 5A104(1) and paragraphs 5B102(1)(a) and 580.111 of the Regulations provides for the amount of living costs a student visa applicant must declare, and demonstrate having access to, to be specified in an instrument in writing.
3. Paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), and 575.613(3)(b), of the Regulations provide for an additional requirement in relation to the further amount of funds from an acceptable source a student visa applicant must demonstrate having access to. These paragraphs apply if:
- the student is subject to an assessment level of 3,
- proposes to study in Australia for 10 months or less, and
- does not want to be granted a student visa subject to Condition 8534 - this condition prevents a student from being granted a further substantive visa while in Australia (except for a protection visa, student visa, Subclass 497 (Graduate – Skilled) visa or Subclass 580 visa).
4. Paragraph 5A302(b) of the Regulations provides for an additional requirement in relation to the further amount of funds a student must demonstrate having access to in order to meet the ‘financial capacity’ visa requirements if the student is seeking to apply for a Subclass 571 (Schools Sector) visa and is subject to an assessment level of 5.
5. The purpose of the Instrument is to specify the living costs amount and the further amounts of funds for student visa purposes as AUD $18 610 per year. This follows from a recommendation contained in the Strategic Review of the Student Visa Program 2011 Report.
6. The Department of Immigration and Citizenship has made a review of the living costs amount and further amounts of funds and has adjusted the figures based on the Consumer Price Index (CPI).
7. The effect of this instrument will result in an increase in the living costs and further amounts of funds which students will have to declare, and demonstrate having access to, in order to meet the requirements for grant of a student visa from AUD $18 000 to AUD $18 610 per year. These amounts act as an immigration integrity measure and the intention in increasing these amounts is to better prepare students seeking to live and study in Australia and to more accurately reflect the real costs of living in Australia.
8. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
9. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 12851).
10. The Instrument, IMMI 12/054, commences on 1 July 2012.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
EVIDENCE OF FURTHER FUNDS AND LIVING COSTS
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of this Legislative Instrument is to revoke the previous Legislative Instrument, IMMI 09/138, and to increase the amount of the specified ‘living cost amount’ and ‘further funds amount’ required to be shown for the purposes of a grant of a number of Student visa classes. This increase is proposed in accordance with a recommendation contained in the independent report titled ‘Strategic Review of the Student Visa Program 2011 Report’.
The ‘living cost amount’ and the ‘further funds amount’ act as an immigration integrity measure and the intention in increasing these amounts is to better prepare students seeking to live and study in Australia and to more accurately reflect the real costs of living in Australia.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Overview
The Migration Regulations 1994, as amended by the Legislative Instrument IMMI 12/054, address the need for an updated specification of the financial requirements for student visa applicants. Enacted by the Department of Immigration and Citizenship, this legislative instrument was introduced to adjust the living costs and further funds amounts required of student visa applicants, in line with the Consumer Price Index and a recommendation from the Strategic Review of the Student Visa Program 2011 Report. The primary objective of this adjustment is to ensure that the financial thresholds more accurately reflect the real costs of living in Australia, thereby serving as an immigration integrity measure. Effective from 1 July 2012, the increased amounts from AUD $18,000 to AUD $18,610 per year aim to better prepare students for their stay in Australia and to maintain the integrity of the student visa program. The legislative instrument does not require consultation or a Regulatory Impact Statement as it is considered minor and does not substantially alter existing arrangements. Furthermore, it is compatible with human rights, as affirmed in the Statement of Compatibility with Human Rights under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The "Evidence of Further Funds and Living Costs" legislative instrument amends the Migration Regulations 1994 to specify the living costs and further funds amount required for student visa applicants. This instrument applies to all student visa applicants who need to demonstrate financial capacity, specifically those subject to assessment levels 3, 5, and those applying for a Subclass 571 (Schools Sector) visa. The increased amount of AUD $18,610 per year is designed to accurately reflect the real costs of living in Australia and to better prepare students for their time in the country. The changes apply nationally, as the instrument is made under the Commonwealth jurisdiction. Subordinate instruments may extend or restrict the application, but no exclusions or exemptions are explicitly stated in the explanatory statement. The legislative instrument is effective as of 1 July 2012, following a review by the Department of Immigration and Citizenship that adjusted the figures based on the Consumer Price Index.
Key Provisions
The Migration Regulations 1994, as amended by the legislative instrument IMMI 12/054, specifies certain financial requirements for student visa applicants. Subclause 5A104(1) and paragraphs 5B102(1)(a) and 580.111 detail the amount of living costs that a student visa applicant must declare and demonstrate access to. Additionally, paragraphs 570.613(3)(b), 572.613(3)(b), 573.613(3)(b), 574.613(3)(b), and 575.613(3)(b) outline the additional funds a student must show access to if they are subject to an assessment level of 3, plan to study in Australia for 10 months or less, and do not wish to be subject to Condition 8534. Furthermore, paragraph 5A302(b) imposes an additional requirement for students applying for a Subclass 571 (Schools Sector) visa who are subject to an assessment level of 5. The specified living costs amount and further funds amount have been set at AUD $18,610 per year, following the Strategic Review of the Student Visa Program 2011 Report.
The Regulations impose specific obligations on student visa applicants to declare and demonstrate access to the specified living costs and further funds amounts. These requirements are integral to the visa application process and ensure that applicants have the financial means to support themselves while studying in Australia. By specifying these amounts, the Regulations aim to uphold immigration integrity and ensure that students are adequately prepared for the cost of living in Australia.
Breach of the financial requirements outlined in the Regulations can result in various consequences. Firstly, failure to meet the living costs and further funds requirements can lead to the refusal of a student visa application. This refusal can be grounds for deportation or removal from Australia if the student is already in the country. Additionally, there may be civil or administrative penalties imposed by the Department of Home Affairs. The precise penalties depend on the nature and severity of the breach but may include fines or other sanctions. The Regulations do not explicitly state maximum penalties; however, penalties for immigration-related offences can vary, with some carrying significant financial and criminal consequences.