{"id":"F2016L00638","name":"Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016","slug":"specification-of-categories-of-visas-that-preclude-a-person-from-lodging-a-student-visa-application-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129157,"registerId":"commonwealth-F2016L00638-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nCategories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016\n\nmade under the Migration Regulations 1994\n\nCompilation No. 1\n\nCompilation date: 1 July 2024\n\nIncludes amendments: Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024 (F2024L00787)\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016 that shows the text of the law as amended and in force on 01/07/2024 (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, PETER DUTTON, Minister for Immigration and Border Protection, acting under  \nsubitem 1222(5)(c) of Schedule 1 to the Migration Regulations 1994 (the Regulations) SPECIFY the substantive temporary visas listed in the Schedule to this Instrument for the purposes of subitem 1222(4) of the Regulations.\n\n  \n\nSCHEDULE\n\n| Item | Visa Subclass                                                       | Streams within that subclass (if applicable)                                 |\n| ---- | ------------------------------------------------------------------- | ---------------------------------------------------------------------------- |\n| 1    | Subclass 403 (Temporary Work (International Relations))             | Domestic Worker (Diplomatic or Consular) stream only                         |\n| 2    | Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) | The whole subclass                                                           |\n| 3    | Subclass 485 (Temporary Graduate)                                   | The whole subclass                                                           |\n| 4    | Subclass 600 (Visitor)                                              | The whole subclass                                                           |\n| 5    | Subclass 601 (Electronic Travel Authority)                          | The whole subclass                                                           |\n| 6    | Subclass 602 (Medical Treatment)                                    | The whole subclass                                                           |\n| 7    | Subclass 651 (eVisitor)                                             | The whole subclass                                                           |\n| 8    | Subclass 771 (Transit)                                              | The whole subclass                                                           |\n| 9    | Subclass 988 (Maritime Crew)                                        | The whole subclass                                                           |\n| 10   | Subclass 995 (Diplomatic (Temporary))                               | Subclass 995 visa granted to an applicant who satisfied the primary criteria |\n\n  \n  \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              | Commencement | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------- | ------------ | ----------------------------------------------- |\n| Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016                                                            | 03 May 2016(F2016L00638)  | 1 July 2016  | -                                               |\n| Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024 | 26 June 2024(F2024L00787) | 1 July 2024  | -                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected     | How affected                      |\n| ---------------------- | --------------------------------- |\n| commencement text..... | rep. Legislation Act 2003, s. 48D |\n| Schedule 1............ | rs. F2024L00787                   |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: specifying which temporary visa categories block onshore student visa applications. The 2024 amendment updated the Schedule (replacing it entirely) but did not expand the instrument's scope beyond its original intent of listing precluded visa categories."},"complexity_factors":["Single operative provision with straightforward directive structure","Only 10 visa subclasses listed, most covering 'whole subclass' without granular exceptions","Minimal cross-referencing (only references to Migration Regulations 1994 subitem 1222(4))","No nested conditional logic or 'if-then' chains","Only one defined term used ('substantive temporary visa' – defined in principal regulations, not this instrument)","Tabular format makes the scope immediately readable","Single amendment since 2016 (2024) replaced the entire Schedule but didn't expand complexity"],"plain_english_summary":"This instrument bars holders of ten specified temporary visas from lodging a student visa application while in Australia; affected holders must leave and apply from overseas. \n\nIt targets short‑term visitors, transit and medical treatment visas, maritime crew, temporary graduates and certain domestic/diplomatic household staff, aiming to prevent “visa hopping” and protect the integrity of the student visa program."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The schedule was revised by Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024 (F2024L00787), effective 1 July 2024, and Schedule 1 was replaced (see endnote/amendment history). This indicates the instrument’s list of precluded visa categories changed from the original 2016 compilation."},"complexity_factors":["Narrow, fixed schedule listing specific visa subclasses (low intrinsic complexity)","Cross-reference to Migration Regulations Schedule 1 (subitems 1222(4) and 1222(5)(c)) requires readers to consult primary regulations","Qualified entries increase nuance: Subclass 403 limited to one stream; Subclass 995 entry conditional on meeting primary criteria","Administrative discretion: Ministerial power to specify categories by instrument affects scope and update frequency","Amendment and compilation history (rs F2024L00787) require tracking changes across instruments for current effect","Practical compliance consequence (onshore lodgement prohibition) imposes behavioural change on affected individuals"],"plain_english_summary":"This instrument names specific temporary visa categories whose holders are not allowed to lodge a Student visa application while physically in Australia. Made under subitem 1222(5)(c) of Schedule 1 to the Migration Regulations 1994, it fixes an onshore‑lodgement prohibition for the listed subclasses.\n\nMechanically, people holding those visas cannot apply for a Student visa onshore and so must seek a Student visa from outside Australia; the Minister specifies the list by legislative instrument, creating a clear compliance obligation for affected visa holders."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/specification-of-categories-of-visas-that-preclude-a-person-from-lodging-a-student-visa-application-","history":"/api/acts/specification-of-categories-of-visas-that-preclude-a-person-from-lodging-a-student-visa-application-/history","analysis":"/api/acts/specification-of-categories-of-visas-that-preclude-a-person-from-lodging-a-student-visa-application-/analysis","conflicts":"/api/acts/specification-of-categories-of-visas-that-preclude-a-person-from-lodging-a-student-visa-application-/conflicts","importantCases":"/api/acts/specification-of-categories-of-visas-that-preclude-a-person-from-lodging-a-student-visa-application-/important-cases","documents":"/api/acts/specification-of-categories-of-visas-that-preclude-a-person-from-lodging-a-student-visa-application-/documents"}}