EXPLANATORY STATEMENT
Migration Regulations 1994
CLASSES OF PERSONS
(SUBITEM 1222(1))
- This Legislative Instrument is made under subparagraphs 1222(1)(a)(ii) and 1222(1)(aa)(i) of the Migration Regulations 1994 (‘the Regulations’).
- Paragraph 1222(1)(a) provides that an applicant who is outside Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(a)(ii), must apply for a Student visa using Form 157A or 157E.
- Subparagraph 1222(1)(aa) provides that an applicant who is in Australia and who is included in a class of persons specified by an instrument in writing for the purposes of subparagraph 1222(1)(aa)(i), must apply for a Student visa using Form 157A or 157A (Internet).
- The purpose of the Legislative Instrument is to specify the classes of persons, in the case of an application made by an applicant outside Australia for a Student (Temporary) (Class TU) visa, who can use form 157A or 157E and in the case of an application made by an applicant applying in Australia for a Student (Temporary) (Class TU) visa, who can use form 157A or 157A (Internet).
- The Legislative Instrument operates to:
- inform applicants for a Student (Temporary) (Class TU) visa about which form they can use to lodge an application outside Australia, including the class of persons eligible to lodge online internet based applications; and
- inform applicants for a Student (Temporary) (Class TU) visa about which form they can use to lodge an application in Australia, in particular which classes of persons are eligible to lodge online internet based applications.
6. 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.
7. This Legislative Instrument, IMMI 10/008, commences on 27 March 2010.