Overview

The Migration Regulations 1994, as amended by IMMI 13/031, introduced a legislative instrument in 2013 to address the need for improved quality and integrity within Australia's international education sector. This instrument, made under clause 485.231 of the Regulations, aims to establish new post-study work arrangements for applicants holding degrees awarded by specified educational institutions. The intent is to bolster the competitiveness of Australia's education system by ensuring that the qualifications for the Post-Study Work stream of the Temporary Graduate (subclass 485) visa are conferred by institutions registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). This measure seeks to maintain high standards in the issuing of educational qualifications that enable international students to transition into the Australian workforce post-graduation. Consultation for the instrument was conducted with the Department of Innovation, Industry, Science, Research and Tertiary Education and the Education Visa Consultative Committee. The Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary, and the instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, thus no Human Rights Statement of Compatibility is required. The instrument, IMMI 13/031, took effect on 23 March 2013, following the commencement of the Migration Legislation Amendment Regulation 2013 (No. 1).

Scope and Application

The instrument specified under Clause 485.231 of the Migration Regulations 1994 aims to regulate the eligibility criteria for the Post-Study Work stream of the Temporary Graduate (subclass 485) visa, focusing on the educational institutions whose qualifications are recognised for this purpose. This legislation applies to applicants for the mentioned visa who must hold a qualification conferred or awarded by an educational institution specified by the Minister. The specified institutions are limited to Australian universities or non-university educational providers registered via the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The purpose is to ensure the quality, integrity, and competitiveness of Australia’s international education sector by introducing specific post-study work arrangements for graduates from these recognised institutions. The regulations provide a framework to determine the eligibility of qualifications based on the institution that awards them, thus influencing who can apply for the Temporary Graduate visa. This legislation operates on a national level and is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, thereby not requiring a Human Rights Statement of Compatibility.

Key Provisions

The primary operative sections of this legislation are contained in Clause 485.231 of the Migration Regulations 1994. This clause specifies that applicants for the Post-Study Work stream of the Temporary Graduate (subclass 485) visa must hold a qualification that was conferred or awarded by an educational institution specified by the Minister in an instrument in writing. The instrument, IMMI 13/031, outlines the specific types of institutions that can confer these qualifications, which must be either an Australian university or a non-university educational provider registered through the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Furthermore, the instrument specifies the relevant qualifications that qualify under this clause, as detailed in Legislative Instrument IMMI 13/013. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily focused on ensuring the quality and integrity of the Australian international education sector. Institutions that wish to confer qualifications eligible for the Post-Study Work stream must be registered through the CRICOS, which means they must meet certain standards and regulations set by the Australian government. Additionally, the legislation requires that the qualifications conferred by these institutions must meet the criteria outlined in Legislative Instrument IMMI 13/013. This includes both the type of institution and the specific qualifications that are recognised for the purposes of the Temporary Graduate visa. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the provisions in this legislation. However, failure to comply with the requirements could potentially lead to applicants being ineligible for the Post-Study Work stream of the Temporary Graduate visa. This could result in significant disadvantages for international students who may not be able to work in Australia after completing their studies if their qualifications do not meet the specified criteria. The Act itself does not outline specific penalties for non-compliance, but the consequences of not meeting the criteria could be substantial for those affected.