EXPLANATORY STATEMENT
Migration Regulations 1994
(Paragraphs 2.12C(5)(a) and 2.12C(5)(c))
VISAS ATTRACTING A SUBSEQUENT TEMPORARY APPLICATION CHARGE
- This Instrument is made under paragraphs 2.12C(5)(a) and 2.12C(5)(c) of the Migration Regulations 1994 (the Regulations). It revokes Instrument IMMI 13/068, (F2013L01047), signed on 13 June 2013.
2. Paragraph 2.12C(5)(a) of the Regulations provides that the subsequent temporary application charge is payable by an applicant for a visa if the visa is specified by the Minister in an instrument in writing.
3. The purpose of the Instrument is to specify the visas that will be liable for the subsequent temporary application charge and also to specify the visas that are required to be held or to have been previously held so that the visa applicant is liable to pay the subsequent temporary application charge. The Instrument is being amended so that applicants who hold, or last held, a Student (Temporary)(Class TU) visa which they were required to apply for because an education provider was no longer able to provide a registered course to a student, will not have to pay a subsequent temporary application charge on their next onshore temporary visa application. The situation where an education provider is no longer able to provide a registered course is defined, at regulation 1.03 of the Regulations, as provider default. As a consequence of the amendment to this Instrument, students who hold, or have last held, a student visa because of provider default who re-apply for the following visa Subclasses: 401 Temporary Work (Long Stay Activity); 402 Training and Research (as specified in Schedule 1 to the Instrument); 416; Special Program; 420 Temporary Work (Entertainment); 457 Temporary Work (Skilled); 462 Work and Holiday (Temporary); 570 Independent ELICOS Sector; 571 Schools Sector; 572 Vocational Education and Training Sector; 573 Higher Education Sector; 574 Postgraduate Research Sector; 575 Non-Award Sector; 576 Foreign Affairs or Defence Sector; 580 Student Guardian; 600 Visitor; and 676 Tourist, will not have to pay a subsequent temporary application charge.
4. The Instrument operates to require holders of a visa who apply for a subsequent temporary visa to pay a subsequent temporary application charge when they lodge the
application in Australia.
5. Consultation with the Commonwealth Department of Education, the Tuition Protection Service and stakeholders within the Department was undertaken prior to the Instrument being amended.
6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16795).
7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The Instrument, IMMI 14/091 commences on 23 November 2014.