{"id":"F2020L00955","name":"Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020","slug":"migration-lin-20-158-class-of-persons-for-student-temporary-class-tu-visa-applications-instrument-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440556,"registerId":"F2020L00955-fast-fetch-1775956142095","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nMigration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020\n\nI, Michael Willard, as delegate of the Minister for Home Affairs, make the following instrument.\n\n \n\nDated 24 July 2020\n\n \n\nMichael Willard\n\nSenior Executive Service, Band Two\n\nImmigration and Community Protection Policy Division\n\nDepartment of Home Affairs\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Repeal\n\nPart 2—Classes of persons\n\n6  Class of persons\n\n7  Class of persons 1—Subclass 500 visa - Student\n\n8  Class of persons 2—Students’ family members (combined applicants)\n\n9  Class of persons 3—Students’ family members (Foreign Affairs students and Defence students)\n\n10  Class of persons 4—Students’ family members (postgraduate research students)\n\n11  Class of persons 5—Student Guardians\n\n12  Class of persons 6—Student Guardians’ family members\n\n13  Class of persons 7—Students and Student Guardians’ who are former visa holders affected by a PHEIC\n\n14  Class of persons 8— Current or recent students whose studies were affected by COVID-19\n\n15  Class of persons 9— Family member (combined applicants) of current or recent students whose studies were affected by COVID-19\n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n1.            This instrument is the Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020.\n2.            This instrument may be cited as LIN 20/158.\n\n\n2  Commencement\n\nThis instrument commences on the day after this instrument is registered on the Federal Register of Legislation.\n\n3  Authority\n\nThis instrument is made under subitem 1222(5) of Schedule 1 to the Regulations. \n\n4  Definitions\n\nNote 1: A number of expressions used in this instrument are defined in regulation 1.03 of the Regulations, including the following:\n\n(a) defence student;\n\n(b) foreign affairs student;\n\n(c) member of the family unit;\n\n(d) registered course;\n\n(e) secondary exchange student.\n\nNote 2: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including in Australia\n\nIn this instrument:\n\nAct means Migration Act 1958\n\nAgreed starting day, for a registered course, means:\n\n(a) the day on which a course was scheduled to start; or\n\n(b) the later day agreed between the education provider and a student.\n\nPHEIC means Public Health Emergency of International Concern designated by the World Health Organisation.\n\nprovider default in relation to a registered course, means the occurrence of one of the following events because a sanction has been imposed on the education provider under Division 1 or 2 of Part 6 of the Education Services for Overseas Students Act 2000:\n\n(a) the course does not start on the agreed starting day; or\n\n(b) the course ceases to be provided at any time after it starts, but before it is completed; or\n\n(c) the course not being provided in full to a student.\n\nprovider default day in relation to a registered course for which provider default has occurred, means:\n\n(a) if the default occurred because of the event mentioned in paragraph (a) of the definition of provider default—the agreed starting day; or\n\n(b) if the default occurred because of the event mentioned in paragraph (b) or  (c) of the definition of provider default—the day on which the course ceased to be provided.\n\nreapplying applicant means an applicant:\n\n1.            whose Subclass 500 visa or Subclass 590 visa was cancelled under paragraph 116(1)(e) of the Act as a result of the risk, in relation to a relevant PHEIC, to the health, safety or good order of the Australian community, or a segment of the Australian community; and\n2.            who is seeking to apply for a Subclass 500 visa or Subclass 590 visa .\n\n\nRegulations means the Migration Regulations 1994.\n\nrelevant PHEIC means the PHEIC on the basis of which a reapplying applicant’s Subclass 500 visa or Subclass 590 visa was cancelled.\n\nsubsequent person is a person who is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa and who claims to be a member of the family unit of a person who is enrolled in a postgraduate research degree and holds a Subclass 500 visa.\n\nSubclass 500 visa means a Subclass 500 (Student) visa.\n\nSubclass 590 visa means a Subclass 590 (Student Guardian) visa.\n\n5  Repeal\n\nAccording to section 33(3) of the Acts Interpretation Act 1901, Migration (LIN 20/099: Class of Persons for Student (Temporary) (Class TU) Visa) Instrument 2020 is revoked.\n\n \n\n\n\n\nPart 2—Classes of persons\n\n6  Class of persons\n\nFor the purpose of paragraph 1222(5)(a) of Schedule 1 to the Regulations, subparagraph 1222(2)(a)(i) of Schedule 1 to the Regulations applies to each class of persons mentioned in sections 7 to 15.\n\nNote:  The amount of visa application charge for a person applying for one of the classes of visa mentioned in sections 7 to 15 is nil.\n\n7  Class of persons 1—Subclass 500 visa - Student\n\nThis section applies to an applicant who:\n\n1.            is seeking to satisfy the primary criteria for grant of a Subclass 500 visa and who:\n\n\n1.             has been granted approval under a students’ training scheme approved by the Commonwealth to study in Australia; or\n2.           is a Foreign Affairs student to whom paragraph 1.04A(3)(b) of the Regulations applies; or\n3.         is a Defence student to whom paragraph 1.04B(b) of the Regulations applies; or\n4.          is a secondary exchange student; or\n\n\n(b) to whom each of the following circumstances applies:\n\n(i) the applicant was not able to complete a registered course due to provider default; and\n\n(ii) there is satisfactory evidence that the applicant was enrolled in that course on the provider default day; and\n\n(iii) the applicant holds a Subclass 500 visa, or the applicant’s last substantive visa was a Subclass 500 visa; and\n\n(iv) the applicant requires a Subclass 500 visa to allow him or her to complete either an alternative registered course; or one or more registered courses after an alternative registered course; and\n\n(v) the application is made no later than 12 months after the provider default day; and\n\n(vi) the applicant has not made a previous application in the circumstances specified in this paragraph because of the same provider default described in subparagraph (i).\n\n8  Class of persons 2—Students’ family members (combined applicants)\n\nThis section applies to an applicant who:\n\n(a) claims to be a member of the family unit of another applicant (the primary applicant) and the primary applicant is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and\n\n(b) seeks to combine their application with the primary applicant’s application; and\n\n(c) the primary applicant is:\n\n(i) included in the class of persons specified in section 7 of this instrument; or\n\n(ii) enrolled in a postgraduate research course.\n\n9  Class of persons 3—Students’ family members (Foreign Affairs students and Defence students)\n\nThis section applies to an applicant who:\n\n(a)  is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and\n\n(b) who:\n\n(i) claims to be a member of the family unit of a person (the primary person) who holds a Subclass 500 visa; and\n\n(ii)  the primary person is a Foreign Affairs student or a Defence student.\n\n10  Class of persons 4—Students’ family members (postgraduate research students)\n\nThis section applies to an applicant who:\n\n1.            claims to be a member of the family unit of the subsequent person; and\n2.           seeks to combine their application with the subsequent person mentioned in paragraph (a).\n\n\n11  Class of persons 5—Student Guardians\n\nAn applicant seeking to satisfy the primary criteria for grant of a Subclass 590 visa where each of the following applies:\n\n(a) the nominating student was not able to complete a registered course due to a provider default; and\n\n(b) there is satisfactory evidence that the nominating student was enrolled in that course on the provider default day; and\n\n(c) the nominating student holds a Subclass 500  visa, or the nominating student’s last substantive visa was a Subclass 500  visa; and\n\n(d) the nominating student requires a Subclass 500 visa to allow him or her to complete an alternative registered course; or one or more registered courses after an alternative registered course; and\n\n(e) the applicant’s visa application is made no later than 12 months after the provider default day; and\n\n(f) the applicant has not made a previous application in the circumstances specified in this subsection because of the same provider default described in paragraph (a).\n\n12  Class of persons 6—Student Guardians’ family members\n\nThis section applies to an applicant who is:\n\n(a) claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of Subclass 590 visa; and\n\n(b) is making a combined application with that person; and\n\n1.            the person seeking to satisfy the primary criteria for the Subclass 590 visa is in a class of persons mentioned in section 11 of this instrument.\n\n\n13  Class of persons 7—Students and Student Guardians’ who are former visa holders affected by a PHEIC\n\nThis section applies to an applicant who:\n\n1.            is in Australia; and\n2.            is a  reapplying applicant; and\n\n\n(c) makes an application for the Subclass 500 visa or the Subclass 590 visa  within  3 months after the cancellation of the applicant’s Subclass 500 visa or Subclass 590 visa.\n\n14  Class of persons 8— Current or recent students whose studies were affected by COVID-19\n\nThis section applies to an applicant who:\n\n1.            is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and\n2.           held a Subclass 500 visa at any time occurring on or after 1 February 2020; and\n3.            is or was unable to complete the course of study to which the visa mentioned in paragraph (b) relates before the end of the visa period because of the coronavirus known as COVID-19.\n\n\n15  Class of persons 9— Family member (combined applicants) of current or recent students whose studies were affected by COVID-19\n\nThis section applies to an applicant:\n\n1.            who claims to be a member of the family unit of another applicant (the primary applicant) and the primary applicant is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and\n2.           who seeks to combine their application with the primary applicant’s application; and\n3.            where the primary applicant held a Subclass 500 visa at any time occurring on or after 1 February 2020; and\n4.           where the primary applicant is or was unable to complete the course of study to which the visa mentioned in paragraph (b) relates before the end of the visa period because of the coronavirus known as COVID-19.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument revokes Migration (LIN 20/099) (s5) and replaces it with a schedule that expressly lists nine fee‑free classes for Subclass 500 and 590 applications (s6 note). It adds explicit PHEIC‑related reapplying provisions (s13) and COVID‑19 specific classes (ss14–15), and sets provider default and time‑limit mechanics (s4 definitions; ss7,11)."},"complexity_factors":["Multiple, narrowly framed applicant classes that interact (nine classes in Part 2, sections 7–15).","Cross‑references to external instruments and definitions in the Migration Regulations 1994 and the Migration Act 1958 (see Authority s3; Definitions s4).","Detailed temporal limits for applications (12‑month limit for provider default cases at s7(b)(v) and s11(e); 3‑month limit after cancellation for PHEIC reapplying applicants at s13(c)).","Layered eligibility criteria requiring specific evidentiary conditions (provider default and provider default day definitions in s4; enrollment/evidence requirements in ss7,11).","Special categories with statutory hooks (Foreign Affairs student, Defence student, secondary exchange, postgraduate research — defined elsewhere but relied on here; see s4 note and ss7,9,10).","Combined/secondary applicant rules and family‑unit linking that affect application structure and dependency (combined applications in ss8,12,15; subsequent person in s4).","Revocation of an earlier instrument (s5), so reader must compare instruments to determine changes in scope (s5)."],"plain_english_summary":"This instrument designates nine classes of people who can apply for Student (Subclass 500) or Student Guardian (Subclass 590) visas with no application charge. It mechanically defines eligible groups — students affected by provider default, people hit by a PHEIC (including COVID‑19), Foreign Affairs and Defence students, postgraduate research students, their family members and guardians — and sets timing and evidence rules for those fee‑free applications."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original instrument (LIN 20/099, which this revokes and replaces) appears to have been primarily focused on provider default and standard student categories. This version significantly expands the scope to include COVID-19 pandemic-related disruptions (Sections 14-15) and visa cancellations due to public health emergencies (Section 13). These additions transformed the instrument from a narrow fee-waiver for education provider failures into a broader pandemic-response mechanism, adding substantial new categories beyond the original intent."},"complexity_factors":["9 distinct classes of persons with overlapping but distinct eligibility criteria","Heavy cross-referencing to the Migration Regulations 1994 (e.g., paragraphs 1.04A(3)(b), 1.04B(b)) and the Migration Act 1958 (e.g., section 116(1)(e))","Defined terms include nested definitions (e.g., 'provider default day' depends on 'provider default', which depends on the Education Services for Overseas Students Act 2000)","Temporal restrictions (e.g., 'no later than 12 months after the provider default day', 'within 3 months after the cancellation')","Conditional logic requiring multiple cumulative criteria (e.g., Section 7(b) requires 6 separate conditions to be met)","Distinction between 'primary criteria' and 'secondary criteria' for visa grants (migration law concepts)","Specific reference to external events (COVID-19, WHO-declared PHEIC) with defined legal meanings"],"plain_english_summary":"This instrument waives the Subclass 500 (student) and 590 (guardian) visa application fees for a limited set of applicants — including affected students, their carers and certain family members, and people whose student or guardian visas were disrupted by provider default or the COVID-19 public health emergency.  \n\nIt matters because it removes a substantial cost barrier for people harmed by events beyond their control (education provider collapse or pandemic disruption) and replaces an earlier, now‑revoked instrument."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-20-158-class-of-persons-for-student-temporary-class-tu-visa-applications-instrument-20","history":"/api/acts/migration-lin-20-158-class-of-persons-for-student-temporary-class-tu-visa-applications-instrument-20/history","analysis":"/api/acts/migration-lin-20-158-class-of-persons-for-student-temporary-class-tu-visa-applications-instrument-20/analysis","conflicts":"/api/acts/migration-lin-20-158-class-of-persons-for-student-temporary-class-tu-visa-applications-instrument-20/conflicts","importantCases":"/api/acts/migration-lin-20-158-class-of-persons-for-student-temporary-class-tu-visa-applications-instrument-20/important-cases","documents":"/api/acts/migration-lin-20-158-class-of-persons-for-student-temporary-class-tu-visa-applications-instrument-20/documents"}}