Higher Education Support (Visa Specification for Eligible Former Permanent Humanitarian Visa Holders) Determination 2021

This is a short legal instrument that helps certain former refugees and humanitarian migrants access cheaper university fees in Australia.

What it does: The Higher Education Support Act 2003 gives people who used to hold permanent humanitarian visas access to Commonwealth-supported places at university (these are the subsidised spots that Australian citizens and permanent residents get, rather than expensive full-fee paying places). To qualify, these people need to hold a specific temporary visa while they apply for their permanent visa to be reinstated.

This Determination specifies exactly which temporary visas count for this purpose. It names two specific visa subclasses:

• Subclass 155 (Five Year Resident Return visa)
• Subclass 157 (Three Month Resident Return visa)

Who it affects: People who previously held a permanent humanitarian visa, left Australia, and are now trying to return. While waiting for their permanent residency to be reactivated, they might hold one of these temporary "Resident Return" visas. This Determination ensures they can still access subsidised university fees during this waiting period.

Why it matters: Without this Determination, people in this specific situation would be forced to pay full international student fees (which can be tens of thousands of dollars more per year) simply because they're on a temporary visa while sorting out their permanent status. This closes a gap to ensure former refugees and humanitarian entrants aren't financially penalised for administrative delays in their visa status.