EXPLANATORY STATEMENT
Migration Regulations 1994
STUDENT VISA ASSESSMENT LEVELS
(Subregulation 1.41)
- This Legislative Instrument is made under subregulation 1.41(1) in Part 1 of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.41 of the Regulations provides that the Assessment Levels be specified by the Minister. Relevantly, subregulation 1.41(1) provides that the Minister must specify by instrument in writing, an assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject. Subregulation 1.41(4) provides that the assessment level specified for a kind of eligible passport must be a number from 1 to 3, with assessment level 1 specified for passport holders who pose a low risk, assessment level 2 specified for passport holders who pose a medium risk and assessment level 3 specified for passport holders who pose a high risk. Assessment levels are not required to be the same for each of the countries specified as issuing eligible passports, nor must they be the same for each subclass of Student visa.
3. The purpose of the Legislative Instrument is to update assessment levels for eligible passports and student visa subclasses. The Instrument is updated to reflect the removal of assessment levels 4 and 5 from the Regulations as part of the simplification of the Student visa Assessment Level Framework (recommendation 3 of the Review of the Student Visa Assessment Level Framework 2013). Those currently specified as assessment level 4 will be reduced to assessment level 3. Through this change, the applicants will benefit from a reduction in the level of evidence of English language proficiency, financial capacity and previous study that they would need to provide, for the purpose of the grant of their visa. Currently, assessment level 5 has not been specified for any passports or student visa subclasses.
4. The Legislative Instrument operates to specify the assessment levels applicable to applicants for student visas from different countries in relation to each subclass of student visa (education sector).
5. 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.
6. 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.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16151).
8. The Legislative Instrument, IMMI 14/003, commences on 22 March 2014, immediately after the commencement of Migration Amendment (Redundant and Other Provisions) Regulation 2014.