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;
- 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;
- specify that applicants in Classes 1 and 5 who lodge Internet applications must not do so earlier than the period specified in each instance. These periods do not apply to applicants who lodge paper applications; and,
- adds applicants for a Subclass 573 visa or Subclass 574 visa who meet the definition of an ‘eligible higher degree student’ and applicants for a Subclass 575 visa who meet the definition of an ‘eligible university exchange student’ to Classes 1 and 5 of the Instrument. This allows these applicants the option of lodging an internet application.
6. Consultation was conducted with relevant internal and external stakeholders from the international education sector and other Commonwealth government agencies.
7. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13310).
9. This Legislative Instrument, IMMI 12/006, commences on 24 March 2012.