{"id":"F2023L00340","name":"Migration (Specification under clause 485.231 – Educational Institutions) Instrument (LIN 23/021) 2023","slug":"migration-specification-under-clause-485-231-educational-institutions-instrument-lin-23-021-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104020,"registerId":"commonwealth-F2023L00340-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Specification under clause 485.231 – Educational Institutions) Instrument (LIN 23/021) 2023","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nLIN 23/021\n\nMigration (Specification under clause 485.231 – Educational Institutions) Instrument (LIN 23/021) 2023\n\nmade under subclause 485.231(2) of Schedule 2 to the Migration Regulations 1994.\n\nCompilation No. 1\n\nCompilation date: 14 December 2024\n\nIncludes amendments: Migration Legislation Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Migration (Specification under clause 485.231 – Educational Institutions) Instrument (LIN 23/021) 2023 that shows the text of the law as amended and in force on 14 December 2024 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, acting under subclause 485.231(2) of Schedule 2 to the Migration Regulations 1994 (the Regulations):\n\n  (a) specify that an Australian university or non-university education provider is an educational institution for subclause 485.231(2) of Schedule 2 to the Regulations if:\n  (i) it is registered on the Commonwealth Register of Institutions and Courses for Overseas Students established by section 14A of the Education Services for Overseas Students Act 2000; and\n  (ii) offers courses at the bachelor’s degree level or above.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                   | Registration     | Number      | Commencement     | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------ | ---------------- | ----------- | ---------------- | ----------------------------------------------- |\n| Migration (Specification under clause 485.231 – Educational Institutions) Instrument (LIN 23/021) 2023 | 24 March 2023    | F2023L00340 | 25 March 2023    | -                                               |\n| Migration Legislation Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024                    | 13 December 2024 | F2024L01677 | 14 December 2024 | -                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected                                   |\n| ------------------ | ---------------------------------------------- |\n| paragraph (a)(ii)  | am. F2024L01677                                |\n| paragraph (b)      | rep. F2023L00340, Legislation Act 2003, s. 48C |\n| commencement       | rep. Legislation Act 2003. s. 48D              |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: specifying which educational institutions qualify for the graduate visa criteria. The 2024 amendment modified the course level requirement but did not expand the instrument's scope beyond its original intent of defining eligible institutions."},"complexity_factors":["Single operative provision with two straightforward conditions","Only 1 defined term implicitly referenced (CRICOS registration)","No nested exceptions or conditional logic","No cross-references beyond the enabling regulation clause","Document length is extremely short (essentially one paragraph of substance)","Amendment history shows minimal changes (one substantive amendment removing paragraph (b), one amendment modifying paragraph (a)(ii))"],"plain_english_summary":"This law sets which Australian institutions qualify their international graduates for the Temporary Graduate (subclass 485) visa by listing approved providers: they must be CRICOS‑registered and offer bachelor‑level or higher courses. \n\nIt therefore affects international students seeking post‑study work rights and the universities/HE providers that can market that pathway, while generally excluding purely vocational providers unless they also offer degree‑level programs."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. The instrument’s scope was altered by amendment: paragraph (a)(ii) was amended by the Migration Legislation Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024 (see endnote 3–4), which changes the course‑level criterion that determines which providers qualify. Additionally, paragraph (b) was repealed (see endnote 4), so the pool of institutions captured by the specification has been modified since first made."},"complexity_factors":["Two clear qualifying criteria (CRICOS registration; offers bachelor’s level or above) — limited internal complexity.","Cross‑references to other statutes and instruments (Migration Regulations subclause 485.231(2); Education Services for Overseas Students Act 2000, s.14A) require consulting external texts to see full legal effect.","Delegated executive specification: instrument is made by the Minister under subclause 485.231(2), so effect depends on ministerial exercise and any future amendments.","Amendment history (paragraph (a)(ii) amended by LIN 24/086 and paragraph (b) repealed) introduces modest interpretive and temporal complexity.","Potential definitional uncertainty about what precisely counts as ‘offers courses at the bachelor’s degree level or above’ (course accreditation, delivery mode, conjoint awards).","Compilation and endnotes (commencement, saved or transitional provisions) require checking for application timing and any repeals or modifications."],"plain_english_summary":"This instrument sets out which Australian education providers count as an “educational institution” for subclause 485.231(2) of the Migration Regulations. A provider qualifies if it is registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) under the Education Services for Overseas Students Act 2000 and offers courses at bachelor’s degree level or above.\n\nIt affects Australian universities and non‑university providers and people relying on clause 485.231 by fixing the eligibility baseline: providers must hold CRICOS registration and offer bachelor‑level+ courses for their graduates to be captured; the Minister made and later amended the course‑level criterion (LIN 24/086)."}},"importantCases":[],"_links":{"self":"/api/acts/migration-specification-under-clause-485-231-educational-institutions-instrument-lin-23-021-2023","history":"/api/acts/migration-specification-under-clause-485-231-educational-institutions-instrument-lin-23-021-2023/history","analysis":"/api/acts/migration-specification-under-clause-485-231-educational-institutions-instrument-lin-23-021-2023/analysis","conflicts":"/api/acts/migration-specification-under-clause-485-231-educational-institutions-instrument-lin-23-021-2023/conflicts","importantCases":"/api/acts/migration-specification-under-clause-485-231-educational-institutions-instrument-lin-23-021-2023/important-cases","documents":"/api/acts/migration-specification-under-clause-485-231-educational-institutions-instrument-lin-23-021-2023/documents"}}