EXPLANATORY STATEMENT
Migration Regulations 1994
CLASSES OF PERSONS
(SUBITEM 1222(1))
1. This Legislative Instrument is made under subparagraphs 1222(1)(a)(ii) and 1222(1)(aa)(i) of the Migration Regulations 1994 (‘the Regulations’).
2. 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.
3. 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).
4. 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).
5. 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, in particular the classes 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 the classes of persons eligible to lodge online internet based applications.
6. Consultation was conducted with relevant internal and external stakeholders from the international education sector and other Commonwealth government agencies.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 11542).
8. This Legislative Instrument, IMMI 11/012, commences on 2 April 2011.