Commonwealth of AustraliaCommonwealth of Australia

Commonwealth of Australia

Migration Regulations 1994

SPECIFICATION OF ASSESSMENT LEVELS FOR KINDS OF ELIGIBLE PASSPORTS IN RELATION TO SUBCLASSES OF STUDENT VISA FOR THE PURPOSES OF

REGULATION 1.41 OF THE MIGRATION REGULATIONS 1994

I, AMANDA VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulations 1.17 and 1.41 of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE the Gazette Notice made for the purposes of regulation 1.41 and signed on
   22 March 2005 specifying the assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject; AND

2. SPECIFY, in relation to an application for a student visa made on or after 1 November 2005, the assessment level for a kind of eligible passport in relation to each subclass of student visa referred to in the Schedule to this Instrument, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject, for the purposes of regulation 1.41.

This Instrument takes effect on and from 1 November 2005.

Dated 12 October 2005

AMANDA VANSTONE

Minister for Immigration and Multicultural and Indigenous Affairs

[NOTE 1: Regulation 1.17 of the Migration Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

NOTE 2: Subregulation 1.40(1) provides that for Division 1.8 of the Regulations, a passport is an eligible passport if it is a valid passport of a kind specified by Gazette Notice for this regulation; and the conditions (if any) specified by Gazette Notice for passports of that kind are satisfied.

NOTE 3: Subregulation 1.41(1) provides that the Minister must specify by Gazette Notice an assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject, other than an applicant who is a person designated under regulation 2.07AO and applies for a Subclass 571 (Schools Sector) visa, a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa or a Subclass 574 (Postgraduate Research Sector) visa.

NOTE 4: Subregulation 1.41(4) provides that the assessment level specified for a kind of eligible passport must be a number from 1 to 5, with assessment level 1 specified for a passport, holders of which pose a very low risk and assessment level 5 specified for a passport, holders of which pose an extremely high risk, and is not required to be the same for each subclass of student visa.]