1Migration Regulations 1994 - Specification under regulation 1.41 - Student Visa Assessment Levels - March 2010

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Commonwealth of Australia

Migration Regulations 1994

STUDENT VISA ASSESSMENT LEVELS

(REGULATION 1.41)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under regulation 1.41 of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE Instrument Number IMMI 08/051 signed on 28 July 2008 specifying an assessment level for a kind of eligible passport, in relation to each subclass of student visa, for the purposes of regulation 1.41 of the Regulations; AND

2. REVOKE Instrument Number IMMI 08/073 signed on 19 August 2008, Amendment Instrument; AND

3. SPECIFY, in relation to an application for a student visa made on or after 27 March 2010, an assessment level for a kind of eligible passport, in relation to each subclass of student visa referred to in the Schedule to this Instrument, for the purposes of regulation 1.41 of the Regulations.

This Instrument, IMMI 10/003, commences on 27 March 2010.

Dated 16 March 2010

CHRIS EVANS

Minister for Immigration and Citizenship

[NOTE 1: 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 2: 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 3: 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.]

Schedule

SUBCLASS 570 INDEPENDENT ELICOS SECTOR

Kind of eligible passport – Assessment level 1