Overview

The Migration Regulations 1994, as amended by the legislative instrument F2012L02228, aims to address the need for updating and clarifying the eligibility of education providers and their educational business partners for student visa subclasses 573, 574, and 575. This legislative instrument was enacted to ensure that students applying for these visas meet specific criteria, including having a Confirmation of Enrolment from an eligible education provider and, if studying a package of courses, having each course component provided by either the eligible education provider or an educational business partner. The instrument was made under the authority of the Minister for Immigration and Border Protection, who specified the eligible education providers and their educational business partners through a written instrument. The policy objective, as outlined in the explanatory statement, is to streamline the process for eligible higher degree students by removing the need for an assessment level for those who meet the specified criteria. The instrument reflects changes in the educational business partners of participating universities, including additions, removals, and updates to existing partners, following consultations with stakeholders and the international education sector.

Scope and Application

The Migration Regulations 1994, through the instrument F2012L02228, specifically target eligible education providers and their educational business partners under clauses 573.112, 574.112 and 575.112. This legislative instrument applies to applicants for Subclass 573 (Higher Education Sector), 574 (Postgraduate Research Sector) and 575 (Non-award Sector) Student visas who intend to study an eligible course or package of courses. These applicants must be eligible higher degree students and must have a Confirmation of Enrolment from an eligible education provider, with each course component being provided by either the eligible education provider or an educational business partner of that provider. The instrument allows the Minister to specify these eligible education providers and their educational business partners, reflecting modifications such as the addition, removal, or updating of partners. This regulation is applicable across Australia, reflecting its national reach. The instrument does not require a Regulatory Impact Statement, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, thus not necessitating a Human Rights Statement of Compatibility. The instrument, IMMI 12/090, officially commenced on 24 November 2012.

Key Provisions

The Migration Regulations 1994, as modified by this instrument, allow the Minister to designate certain education providers as eligible education providers (Clauses 573.112, 574.112, and 575.112). Furthermore, the Minister has the authority to specify one or more other education providers as educational business partners of an eligible education provider. These provisions are aimed at facilitating the processes for subclasses 573, 574, and 575 student visas, which pertain to the Higher Education Sector, Postgraduate Research Sector, and Non-award Sector respectively. For applicants who meet the criteria of an eligible higher degree student, these regulations ensure they are not subjected to an assessment level. Such students must be enrolled in an eligible course or package of courses and possess a Confirmation of Enrolment from an eligible education provider, with each course component in a package being provided by either the eligible education provider or an educational business partner. The obligations under this legislation primarily focus on the designation and confirmation of eligible education providers and their educational business partners. The Minister must ensure that the specified providers meet the necessary criteria and comply with the outlined processes. Educational business partners must be explicitly linked to a particular eligible education provider. Both eligible education providers and their business partners must provide updated information as required, ensuring that the details of participating universities and their partners are accurate and current. Stakeholder consultation has been conducted to facilitate these changes, ensuring that all relevant parties are informed and can confirm the accuracy of the listed partners. Failure to comply with the provisions of this instrument may result in penalties or other consequences. While the document does not explicitly outline specific offences or penalties, the general legal framework under which the Migration Regulations operate could impose sanctions for non-compliance. This might include the revocation of visa eligibility or other administrative actions against the non-compliant entities. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary, and the instrument is exempt from disallowance, thereby not requiring a Human Rights Statement of Compatibility. This legislative instrument, IMMI 12/090, commenced on 24 November 2012, and serves to streamline the processes for eligible education providers and their business partners under the specified student visa subclasses.