Overview

The Migration Regulations 1994, amended by the Visas Attracting a Subsequent Temporary Application Charge 2016/012 (F2016L00625), was enacted to address a gap in the regulation of student visas by introducing a subsequent temporary application charge for certain applicants. This instrument was created under the authority of the Migration Act 1958 and its regulations, with the intent to streamline the student visa framework and reduce the number of subclasses from eight to two, as recommended by the Future Directions for Streamlined Visa Processing report released in 2015. The policy objective of this instrument is to ensure that specified applicants, who hold or previously held a Subclass 500 (Student) visa or Subclass 590 (Student Guardian) visa, pay a subsequent temporary application charge when lodging an application in Australia. The implementation of this charge is part of a broader effort to simplify the student visa framework and create more streamlined visa application processing opportunities for education providers. Consultations were undertaken with various stakeholders, including government agencies and industry peak bodies, to ensure the effectiveness and fairness of the new regulations.

Scope and Application

The Migration Regulations 1994 Visas Attracting a Subsequent Temporary Application Charge 2016/012 applies to applicants of a Subclass 500 (Student) visa or a Subclass 590 (Student Guardian) visa who are in Australia at the time of the application. The Instrument specifies that these applicants are subject to a subsequent temporary application charge when they lodge an application in Australia. To be subject to the charge, the applicant must have been in Australia at the time of application of a previous visa and the visa was not granted under certain circumstances. The amount of the charge is specified in the Regulations. The Instrument is part of the Australian Government's project to simplify its student visa framework by reducing the number of student visa subclasses from eight to two and implementing a new combined country and provider immigration risk framework. The Instrument is made under the Migration Regulations 1994 and operates to require holders of a visa who apply for a subsequent temporary visa to pay a subsequent temporary application charge when they lodge an application in Australia. The Instrument is exempt from disallowance and a Statement of Compatibility with Human Rights is not required.

Key Provisions

The Migration Regulations 1994 (the Regulations) have been amended through the Visas Attracting a Subsequent Temporary Application Charge 2016/012 (the Instrument) to introduce a subsequent temporary application charge for applicants of a Subclass 500 (Student) visa or a Subclass 590 (Student Guardian) visa (section 4). This charge applies to applicants who are currently in Australia and have previously held a visa specified in Schedule 2 of the Instrument, provided the previous visa was not granted under specific circumstances (section 2.12C(5)(a) and (c)). The Instrument imposes an obligation on specified applicants to pay a subsequent temporary application charge when they lodge an application for a temporary visa while in Australia (section 4). This requirement ensures that the cost of processing multiple visa applications is appropriately accounted for and managed. The Instrument is designed to streamline the student visa application process by reducing the number of visa subclasses from eight to two, thereby simplifying the framework for student visas and creating a more efficient processing system (section 5). Non-compliance with the requirement to pay the subsequent temporary application charge could result in the application being rejected or the applicant facing other immigration-related consequences (section 4). The amount of the charge is specified in subregulation 2.12C(6) of the Regulations. However, the Instrument does not explicitly detail the specific penalties or consequences for non-compliance beyond the potential rejection of the visa application. The Instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and thus a Statement of Compatibility with Human Rights is not required (section 7). The Instrument came into effect immediately following the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No.1) Regulation 2016 (section 8). This legislative change is part of the broader initiative to simplify Australia's student visa framework, aiming to create streamlined visa application processing opportunities for education providers across all sectors (section 5). Key stakeholders, including government agencies, industry peak bodies, and education providers, were consulted during the development of this Instrument to ensure that the changes would be practical and beneficial (section 6).