{"id":"F2005B02493","name":"Migration Act 1958 - Notice under subsection 96(2) - Specification of Pass Mark in relation to applications for Skilled - Independent Overseas Student (Residence) (Class DD) Visas - April 2004","slug":"f2005b02493","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":331371,"registerId":"commonwealth-F2005B02493-current","compilationNumber":null,"startDate":"2026-04-08","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Commonwealth of Australia","sectionType":"part","heading":"Commonwealth of Australia","content":"# Commonwealth of Australia\n\nMigration Act 1958","sortOrder":0},{"sectionNumber":"Migration Regulations 1994","sectionType":"division","heading":"Migration Regulations 1994","content":"### Migration Regulations 1994\n\nNOTICE UNDER SUBSECTION 96(2) OF THE MIGRATION ACT 1958\n\nSPECIFICATION OF PASS MARK IN RELATION TO APPLICATIONS FOR SKILLED - INDEPENDENT OVERSEAS STUDENT (RESIDENCE) (CLASS DD) VISAS\n\nI, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and subsection 96(2) of the Migration Act 1958 (‘the Act’) hereby:\n\n1.  SPECIFY that the pass mark for the purposes of the Act and the Regulations in relation to applications for Skilled - Independent Overseas Student (Residence) (Class DD) visas made before 8 May 2002 is 110 points;\n\n2. SPECIFY that the pass mark for the purposes of the Act and the Regulations in relation to applications for Skilled - Independent Overseas Student (Residence) (Class DD) visas made between 8 May 2002 and 31 March 2005 (inclusive) is 115 points; and\n\n3. SPECIFY that the pass mark for the purposes of the Act and the Regulations in relation to applications for Skilled - Independent Overseas Student (Residence) (Class DD) visa made on or after 1 April 2005 is 120 points.\n\nThis notice has effect on and from 14 April 2004.\n\nDated 1 April 2004.\n\nAMANDA VANSTONE\n\nMinister for Immigration and Multicultural and Indigenous Affairs\n\n\\[NOTE: Subsection 96(2) of the Act provides the Minister may, from time to time, by notice in the Gazette, specify, in relation to applications for visas of a particular class, the pass mark for the purposes of the Act and the Regulations.\\]","sortOrder":1}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1082},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The notice operates strictly within the authority granted by section 96(2) of the Migration Act 1958, which expressly permits the Minister to specify pass marks for particular visa classes by Gazette notice. The instrument has not expanded beyond its original statutory purpose."},"complexity_factors":["Short, single-purpose instrument with only three operative provisions","Clear date-based triggers for application","Requires understanding of the broader points-based migration system to appreciate context","Cross-references to Migration Act 1958 and Migration Regulations 1994 but does not modify them"],"plain_english_summary":"This notice sets the minimum number of points (**pass mark**) that former international students need to score to qualify for a permanent **Skilled-Independent Overseas Student (Residence)** visa (Class DD).\n\n**What it does:**\n*   **Before 8 May 2002:** Applicants needed **110 points**\n*   **Between 8 May 2002 and 31 March 2005:** Applicants needed **115 points**  \n*   **On or after 1 April 2005:** Applicants need **120 points**\n\n**Why it matters:**\nAustralia uses a points-based system for skilled migration. Applicants score points based on factors like age, English ability, qualifications, and work experience. This notice raises the bar over time, making it harder for former students to stay in Australia permanently unless they score higher on the points test. The change affects when an application was lodged, not when it is decided."}},"importantCases":[],"_links":{"self":"/api/acts/f2005b02493","history":"/api/acts/f2005b02493/history","analysis":"/api/acts/f2005b02493/analysis","conflicts":"/api/acts/f2005b02493/conflicts","importantCases":"/api/acts/f2005b02493/important-cases","documents":"/api/acts/f2005b02493/documents"}}