EXPLANATORY STATEMENT
Migration Regulations 1994
STUDENT VISA ASSESSMENT LEVELS
(REGULATION 1.41)
- This Legislative Instrument is made under subregulation 1.41(1) of Part 1 of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.41 of the Regulations allows the Minister to specify the Assessment Level for a kind of eligible passport. Relevantly, subregulation 1.41(1) permits the Minister to specify by Gazette Notice the Assessment Level for a kind of eligible passport, in relation to each subclass of Student visa, to which an applicant for a Student visa who seeks to satisfy the primary criteria will be subject. Subregulation 1.41(4) provides that the Assessment Level specified for a kind of eligible passport must be a number from 1 to 5, with Assessment Level 1 specified for passport holders who pose a low immigration risk and Assessment Level 5 specified for passport holders who pose an extremely high immigration risk. The Assessment Level is not required to be the same for each eligible passport and each subclass of Student visa.
3. The purpose of the Legislative Instrument is to amend the Assessment Levels for most countries in relation to the Subclass 574 (Postgraduate Research Sector) visa. The amendments will specify Assessment Level 1 for 14 additional countries (bringing the total number of Assessment Leve1 1 countries to 83) and specify Assessment Level 2 for all other countries not listed as Assessment Level 1.
4. This change is in response to a report tabled by the House of Representatives Standing Committee on Industry, Science and Innovation, Building Australia's Research Capacity. The Committee recommended that international Student visa policies relating to higher degree by research programs be amended to allow greater flexibility for further research and employment. In line with this recommendation, the change aims to streamline the visa application process for postgraduate research students and help attract international postgraduate research students to Australia by lowering the minimum evidentiary requirements needed for the grant of a Postgraduate Research Student visa.
5. Consultation was undertaken with the following agencies as the proposed Legislative Instrument is likely to have an indirect effect on their operations:
- Department of Education, Employment and Workplace Relations;
- Department of Foreign Affairs and Trade;
- Attorney-General’s Department;
- Department of Resources, Energy and Tourism (DRET).
6. This Legislative Instrument, IMMI 10/003, commences on 27 March 2010.