{"id":"F2024L00829","name":"Migration (Specification of Degrees) Instrument (LIN 24/048) 2024","slug":"migration-specification-of-degrees-instrument-lin-24-048-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105291,"registerId":"commonwealth-F2024L00829-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Migration (Specification of Degrees) Instrument (LIN 24/048) 2024.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subclause 485.231(1) of Schedule 2 to the Migration Regulations 1994.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.\n\n> Regulations means the Migration Regulations 1994.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Specified degree","content":"#### 5 Specified degree\n\n  For the purposes of subclause 485.231(1) of Schedule 2 to the Regulations, each degree is specified as follows, where that degree is awarded as a qualification at level 7 or higher of the Australian Qualifications Framework:\n  (a) bachelor degree;\n  (b) bachelor honours degree;\n  (d) graduate diploma;\n  (e) masters degree (research);\n  (f) masters degree (coursework);\n  (g) masters degree (extended);\n  (h) doctoral degree (research);\n  (i) doctoral degree (professional);\n  (j) higher doctoral degree.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Repeal","content":"#### 6 Repeal\n\n  Migration (Specification under clause 485.231—Qualifications) Instrument (LIN 23/023) 2023 (F2023L00335) is repealed","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of amendments made by LIN 24/086","content":"#### 7 Application of amendments made by LIN 24/086\n\n  The amendments made by the Migration Legislation Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024 apply in relation to an application for a visa made on or after the commencement of that instrument.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the 2023 specification (s6) and restates which awards at AQF level 7+ qualify for subclause 485.231(1) (s5). It therefore changes the operative specification that governs eligibility and ties the application of later amendments to the commencement date of LIN 24/086 (s7), shifting which applications are affected and when."},"complexity_factors":["Cross-references to external instruments and frameworks (Migration Regulations subclause 485.231(1) and the Australian Qualifications Framework) increase interpretive dependency (ss3–4, s5).","Categorical list approach: eligibility hinges on listed qualification types plus an AQF level threshold (s5), requiring verification of award type and AQF level by decision-makers.","Repeal of prior instrument creates a temporal shift in governing text and requires administrators to track instrument history (s6).","Application-timing carve-out links this instrument to the commencement of a separate amendment instrument (LIN 24/086), adding a coordination/implementation task for processing bodies (s7)."],"plain_english_summary":"Specifies which tertiary qualifications count for subclause 485.231(1) of the Migration Regulations: named bachelor, honours, graduate diploma, master's and doctoral awards when conferred at Australian Qualifications Framework level 7 or higher. It repeals the 2023 specification and confirms that amendments in LIN 24/086 apply only to visa applications made on or after that instrument’s commencement. Visa applicants must meet the clarified qualification test and visa decision-makers pick up the compliance and document‑checking burden (see ss5–7)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: specifying degree types for visa eligibility. The 2024 update is a routine reissue with no expansion of scope."},"complexity_factors":["Very short instrument (7 sections, ~200 words)","Only 2 defined terms, both referencing external legislation","Single operative provision (section 5) with a straightforward list","No nested conditions or exceptions—just a simple 'level 7 or higher' threshold","Minimal cross-referencing (only to parent regulation subclause 485.231(1))","Repeal and application provisions are standard administrative boilerplate"],"plain_english_summary":"This instrument updates which university qualifications qualify for the Temporary Graduate visa (subclass 485), restricting eligibility to Australian Qualifications Framework level 7 and above (bachelor and higher). It affects international students seeking post-study work rights and the education providers that supply eligible credentials. It replaces LIN 23/023 and operates alongside LIN 24/086, clarifying that only higher education degrees—not vocational certificates—count for this visa stream."}},"importantCases":[],"_links":{"self":"/api/acts/migration-specification-of-degrees-instrument-lin-24-048-2024","history":"/api/acts/migration-specification-of-degrees-instrument-lin-24-048-2024/history","analysis":"/api/acts/migration-specification-of-degrees-instrument-lin-24-048-2024/analysis","conflicts":"/api/acts/migration-specification-of-degrees-instrument-lin-24-048-2024/conflicts","importantCases":"/api/acts/migration-specification-of-degrees-instrument-lin-24-048-2024/important-cases","documents":"/api/acts/migration-specification-of-degrees-instrument-lin-24-048-2024/documents"}}