Overview

The Migration Regulations 1994, as amended by the legislative instrument IMMI 13/013, were enacted to refine the eligibility criteria for the Post-Study Work stream of the Temporary Graduate (Subclass 485) visa. This instrument, introduced to address the need for enhancing the quality, integrity, and competitiveness of Australia's international education sector, specifies the types of academic qualifications that qualify graduates for post-study work arrangements. The instrument identifies eligible degrees such as Bachelor, Honours, Masters, and Doctoral degrees, all of which must be obtained from institutions listed in another legislative instrument, IMMI 13/031. The policy objective behind this legislation is to ensure that only graduates from reputable educational institutions can benefit from the post-study work opportunities, thereby maintaining high standards within Australia's international education framework. The instrument was developed following consultations with key stakeholders and commenced on 23 March 2013.

Scope and Application

The instrument, F2013L00528, operates under clause 485.231 of the Migration Regulations 1994, establishing specific criteria for the Post-Study Work stream of the Temporary Graduate (Subclass 485) visa. This regulation is designed to ensure that applicants for this visa hold a qualifying degree from a designated list, including Bachelor Degrees, Bachelor Degrees with Honours, Masters by Coursework, Masters by Research, Masters (Extended), and Doctoral degrees. All applicants must have completed their studies and met the Australian study requirement within the six months prior to applying for the visa, and their qualifications must be obtained from an institution deemed eligible under Legislative Instrument IMMI 13/031. The instrument's primary aim is to boost the quality and competitiveness of Australia's international education sector by introducing new post-study work arrangements for eligible graduates. The instrument was developed following consultations with relevant departments and committees and is exempt from disallowance under the Legislative Instruments Act 2003, meaning it does not require a Human Rights Statement of Compatibility.

Key Provisions

The primary operative sections of this legislation under the Migration Regulations 1994 (Section 485.231) specify the qualifications required for applicants to be eligible for the Post-Study Work stream of the Temporary Graduate (Subclass 485) visa. The regulations detail that applicants must hold a qualification such as a Bachelor Degree, Bachelor Degree with Honours, Masters by Coursework, Masters by Research, Masters (Extended) or Doctoral degree, as specified by the Minister. Additionally, applicants must have completed their studies at an eligible educational institution, as defined in the legislative instrument IMMI 13/031, and must meet the Australian study requirement in the six months immediately prior to their visa application. The Act imposes several obligations on the parties it governs. Firstly, applicants must ensure that their qualifications are of the types specified in the regulations. This involves obtaining a degree from an eligible educational institution and meeting the study requirement within the stipulated timeframe. The educational institution itself must be listed in the instrument IMMI 13/031, ensuring that it meets certain standards set by the Minister. Furthermore, applicants must demonstrate compliance with these requirements through appropriate documentation and evidence when applying for the visa. The legislation also outlines potential offences and penalties for non-compliance. While the specific provisions regarding penalties are not detailed in the explanatory statement, breaches of visa regulations typically incur significant consequences. These can include the refusal of visa applications, cancellation of existing visas, and potential bans on future applications. In severe cases, individuals may face deportation and be subject to criminal charges, which could lead to fines or imprisonment. The exact penalties would be determined in accordance with the Migration Act 1958, which governs the broader framework within which these regulations operate.