EXPLANATORY STATEMENT

Migration Regulations 1994

CLASSES OF PERSONS

(SUBPARAGRAPH 1222(1)(aa)(i))

1. This Instrument is made under subparagraph 1222(1)(aa)(i) of the Migration Regulations 1994 (‘the Regulations’).

2.                  Subparagraph 1222(i)(aa)(i) provides that an application who is in Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(aa)(i), must apply for a student visa using Form 157A or 157A (Internet).

3.                  The purpose of the Instrument is to specify the classes of persons, 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).

4.                  The Instrument operates to 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. Certain holders of Subclass 488 (Superyacht Crew Visa — Temporary) (Class UW) visa and holders of Subclass 651 (eVisitor – Temporary) (Class TV) visas have been included in the eligible class.

5. Pursuant to subsection 17(2) of the Legislative Instruments Act 2003 the Queensland Department of Tourism, Regional Development and Industry and the Australian Customs Service were consulted in relation to these amendments.

6. This Instrument, IMMI 08/092, commences on 27 October 2008.