{"id":"F2024L00368","name":"Migration (Suspension Certificate Matters) Instrument (LIN 24/034) 2024","slug":"migration-suspension-certificate-matters-instrument-lin-24-034-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442340,"registerId":"F2024L00368-fast-fetch-1775957368769","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Suspension Certificate Matters) Instrument (LIN 24/034) 2024","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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 24/034\n\n \n\n \n\nMigration (Suspension Certificate Matters) Specification (LIN 24/034) 2024\n\nI, Clare O’Neil, Minister for Home Affairs, make the following instrument.\n\nDated  21 March 2024\n\nClare O’Neil\n\nMinister for Home Affairs\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Method for working out a score\n\n6  Working out a relevant score—frequency and timing\n\n7  Relevant score—period of effect\n\n1  Name\n\n  This instrument is the Migration (Suspension Certificate Matters) Instrument (LIN 24/034) 2024.\n\n2  Commencement\n\n  This instrument commences on 23 March 2024.\n\n3  Authority\n\n  This instrument is made under subregulation 1.29(3) of the Migration Regulations 1994.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Migration Act 1958 and the Migration Regulations 1994, including the following:\n\n(a)      intending overseas student;\n\n(b)      overseas student;\n\n(c)      protection visa;\n\n(d)      registered provider;\n\n(e)      relevant score;\n\n(f)       student visa;\n\n(g)      substantive visa;\n\n(h)      unlawful non-citizen.\n\n  In this instrument:\n\nAct means the Migration Act 1958.\n\nImmiAccount means the interactive portal for online services that is available via the Department’s website at https://immi.homeaffairs.gov.au.\n\nPIC 4020 means clause 4020 of Schedule 4 to the Regulations.\n\nprimary applicant means a person who makes an application for a Student (Temporary) (Class TU) visa and is seeking to satisfy the primary criteria for the grant of a student visa.\n\nprimary person means a person who:\n\n (a) holds a student visa; and\n\n (b) satisfied the primary criteria for the grant of the visa.\n\nRegulations means the Migration Regulations 1994.\n\nreporting period means:\n\n (a) if a relevant score is to be worked out between 1 January and 30 June in a year—the period of 12 months between 1 January and 31 December in the preceding year; or\n\n (b) if a relevant score is to be worked out between 1 July and 31 December in a year—the preceding financial year.\n\n5  Method for working out a score\n\n (1) For the purposes of paragraph 1.29(3)(a) of the Regulations, the specified method for working out a score for a registered provider is set out in the following table.\n\nMETHOD FOR WORKING OUT A SCORE\n\nStep 1. Work out the total number of student visas, held by a primary person, that were cancelled during the reporting period under section 109, 116, 128, 501 or 501A of the Act.\n\nStep 2. Work out the total number of student visas, held by a primary person, that were in effect for at least one day in the reporting period.\n\nStep 3. Divide the number worked out in Step 1 by the number worked out in Step 2 and multiply by 25.\n\nStep 4. Work out the total number of decisions to grant, and decisions to refuse to grant, a student visa to a primary applicant in the reporting period.\n\nStep 5. Work out the total number of decisions made in the reporting period to refuse to grant a student visa to a primary applicant, in which the Minister, under subclause 500.217(1) in Schedule 2 to the Regulations, was not satisfied that the applicant satisfied PIC 4020.\n\nStep 6. Divide the number worked out in Step 5 by the number worked out in Step 4 and multiply by 40.\n\nStep 7. Work out the total number of decisions made in the reporting period to refuse to grant a student visa to a primary applicant, and subtract the number worked out in Step 5 from this number.\n\nStep 8. Divide the number worked out in Step 7 by the number worked out in Step 4 and multiply by 10.\n\nStep 9. Work out the total number of non-citizens who, in the reporting period:\n\n (a) were unlawful non-citizens for a period of more than 28 days (including where the 28-day period began before the reporting period); and\n\n (b) immediately before becoming an unlawful non-citizen, held a student visa as a primary person.\n\nStep 10. Work out the total number of student visas held by a primary person that ceased to be in effect in accordance with section 82 of the Act in the reporting period.\n\nStep 11. Divide the number worked out in Step 9 by the number worked out in Step 10 and multiply by 15.\n\nStep 12. Work out the total number of protection visa applications made in the reporting period where, at the time of making the protection visa application, the applicant for the visa was:\n\n (a) a primary person; or\n\n (b) a non-citizen who, when the non-citizen last held a substantive visa, was a primary person.\n\nStep 13. Divide the number worked out in Step 12 by the number worked out in Step 10 and multiply by 10.\n\nStep 14. Add the numbers that result from the calculations in Steps 3, 6, 8, 11 and 13 to work out the relevant score for the registered provider.\n\n (2) Where a step in the method specified under subsection (1) refers to any of the following matters:\n\n (a) a number of student visas;\n\n (b) a primary applicant for a student visa;\n\n (c) a student visa held by a primary person;\n\n  this step takes into account the matter as it relates to overseas students or intending overseas students in respect of the registered provider only, in accordance with paragraph 1.29(4)(a)(i) of the Regulations.\n\n6  Working out a relevant score—frequency and timing\n\n  For the purposes of paragraph 1.29(3)(b) of the Regulations, when and how often a relevant score for a registered provider is to be worked out is specified as:\n\n (a) twice in the year in which this instrument commences—once in the period between 1 January and 30 June and once in the period between 1 July and 31 December; and\n\n (b) twice in each subsequent year for so long as this instrument remains in force—once in the period between 1 January and 30 June and once in the period between 1 July and 31 December each year.\n\n 7  Relevant score—period of effect\n\n  For the purposes of paragraph 1.29(3)(c) of the Regulations, the period for which a relevant score has effect for a registered provider is the period that:\n\n (a) begins on the day after the Department notifies the provider that the relevant score (the first score) has been worked out and is available to the provider via ImmiAccount; and\n\n (b) ends on the earlier of:\n\n (i) the end of the period of 6 months beginning on the day the first score takes effect; and\n\n (ii) the day on which the Department notifies the provider that a further score for the provider (the second score) has been worked out and is available to the provider via ImmiAccount, whether or not the second score is the same as the first score.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument appears to be implementing the specific scoring methodology contemplated by subregulation 1.29(3) of the Migration Regulations 1994. The scope aligns with the regulatory framework established for provider risk assessment and suspension certificates. It does not appear to have expanded beyond the original regulatory intent of creating a quantitative risk metric for education providers."},"complexity_factors":["14-step mathematical calculation with weighted multipliers (25, 40, 10, 15, 10)","Cross-references to 5 different cancellation sections of the Migration Act 1958 (sections 109, 116, 128, 501, 501A)","Reference to PIC 4020 (Public Interest Criterion 4020) — a complex integrity provision in the Migration Regulations","Nested definitions requiring lookup in parent legislation (8 terms defined in Act/Regulations, 7 defined in instrument)","Conditional date logic for reporting periods (split year vs financial year depending on calculation timing)","Dual commencement timing in first year (transitional provision for 2024)","Complex temporal calculations involving 'more than 28 days' unlawful presence that can span reporting periods"],"plain_english_summary":"This law requires the Department of Home Affairs to score Australian education providers twice a year on the risk posed by their international student cohorts, using a 12‑month lookback. Scores—issued via ImmiAccount and active for six months—inform enforcement, and can lead to sanctions including suspension from recruiting overseas students.\n\nIt targets \"non‑genuine\" students and problematic providers, with heavy weight on fraud (largest single factor), affecting providers, their international students, and government oversight."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument does not expand or narrow which persons or providers are covered; it specifies the method, timing and period of effect for calculating a provider's \"relevant score\" under subregulation 1.29(3) of the Migration Regulations 1994, thereby operationalising the existing suspension-certificate mechanism rather than altering its statutory scope."},"complexity_factors":["Multi-step weighted formula (Steps 1–14) with distinct multipliers (25, 40, 10, 15, 10) for different event types.","Relies on counts drawn from multiple statutory events and provisions (visa cancellations under ss 109, 116, 128, 501, 501A; refusals under subclause 500.217(1) tied to PIC 4020; cessations under s82; protection visa applications).","Definitions-driven inclusion rules (terms like \"primary person\" and \"primary applicant\" and the note that counts are provider‑specific under paragraph 1.29(4)(a)(i)).","Reporting-period rules that vary by calendar vs preceding financial year, including cross‑period edge cases (28‑day unlawful period may begin before the reporting period).","Provider-level application: score is calculated for each registered provider, creating distributed data‑collection and compliance obligations.","Timing and effect mechanics: twice‑yearly calculation, department notification via ImmiAccount, and overlapping 6‑month effect periods introduce administrative sequencing and potential timing mismatches.","Administrative discretion in notification and availability (Department notifies provider that score is available), which affects when the score takes effect.","Operational ambiguity risks for borderline cases (e.g. dual counts, timing of cessations, and treatment of students who last held a substantive visa as a primary person)."],"plain_english_summary":"Prescribes how the Department calculates a provider-specific \"relevant score\" used in suspension-certificate decisions for student visa programs. It uses a weighted formula of visa cancellations, PIC 4020-related refusals, unlawful-stay cases, protection applications and other cessations, calculated twice yearly and published to providers via ImmiAccount.\n\nAffects registered education providers enrolling overseas students and, indirectly, student visa applicants. The score feeds administrative monitoring and can trigger suspension actions; providers must track visa outcomes and rely on Department notifications, creating a compliance and recordkeeping burden."},"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-suspension-certificate-matters-instrument-lin-24-034-2024","history":"/api/acts/migration-suspension-certificate-matters-instrument-lin-24-034-2024/history","analysis":"/api/acts/migration-suspension-certificate-matters-instrument-lin-24-034-2024/analysis","conflicts":"/api/acts/migration-suspension-certificate-matters-instrument-lin-24-034-2024/conflicts","importantCases":"/api/acts/migration-suspension-certificate-matters-instrument-lin-24-034-2024/important-cases","documents":"/api/acts/migration-suspension-certificate-matters-instrument-lin-24-034-2024/documents"}}