Commonwealth of Australia

Migration Regulations 1994

CLASSES OF PERSONS

(Subitem 1222(1))

I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under subparagraph 1222(1)(a)(ii) and subparagraph 1222(1)(aa)(i) of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE Legislative Instrument IMMI 13/093 (F2013L01551) signed on 1 August 2013 specifying classes of persons for the purposes of subparagraphs 1222(1)(a)(ii) and 1222(1)(aa)(i) of the Regulations; AND

2. SPECIFY the following classes of persons for the purposes of subparagraph 1222(1)(a)(ii):

Class 1

Persons who apply for a student visa and who:

(a) are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument;

(b) seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 1 to this Instrument;

(c) are subject to a highest assessment level of 1; or meet the definition of ‘eligible higher degree student’ for the purposes of visa Subclasses 573 or 574, or meet the definition of ‘eligible non-award student’ for the purposes of visa Subclass 575;

(d) are six years of age or above;

(e) are, in the case of applicants subject to the highest assessment level of 1, the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; or, in the case of applicants for a Subclass 573 visa or Subclass 574 visa, meet the definition of ‘eligible higher degree student’, have an electronic confirmation of enrolment in each course of study they propose to undertake; or, in the case of applicants for a Subclass 575 visa meet the definition of ‘eligible non-award student’, have an electronic confirmation of enrolment in the course of study they propose to undertake; and

(f) in the case of Internet applications, apply for a student visa not more than 124 days prior to the date of commencement of the first course specified on the electronic confirmation of enrolment(s).

Class 2

Persons who apply for a student visa and who:

(a) are the holder of a passport issued by a foreign country;

(b) seek to satisfy the secondary criteria of a subclass of student visa; and

(c) claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 1 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa.

Class 3

persons who apply for a student visa and who:

(a) are the holder of a passport issued by a foreign country set out in Schedule 2 to this notice;

(b) are in the foreign country that issued the passport;

(c) seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 2 to this notice;

(d) make their application through the services of an agent who is party to an agreement with the Department to use an Internet facility for offshore student visa applications;

(e) are six years of age or above;

(f) are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and

(g) apply for a student visa not more than 124 days prior to the date of commencement of the first course specified on the electronic confirmation of enrolment(s).

Class 4

persons who apply for a student visa and who:

(a) are the holder of a passport issued by a foreign country;

(b) seek to satisfy the secondary criteria of a subclass of student visa;

(c) make their application through the services of an agent who is party to an agreement with the Department to use an Internet facility for offshore student visa applications; and

(d) claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 3 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa.

3. SPECIFY the following classes of persons for the purpose of subparagraph 1222(1)(aa)(i):

Class 5

Persons who seek a student visa and who:

(a) are not in immigration clearance; and

(b) are at least six years of age; and

(c) either:

(i) hold a subclass 570, 571, 572, 573, 574, 575 or 576 visa; or

(ii) are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument, and

(iii) are subject to a highest assessment level of 1; or are applicants for a Subclass 573 or 574 visa who meet the definition of ‘eligible higher degree student’; or, who are applicants for a Subclass 575 visa who meet the definition of ‘eligible non-award student’; and who:

(A) seek to satisfy the primary criteria of the subclass of student visa that corresponds to that passport as set out in Schedule 1 of this Instrument; and

(B) are the holder of a relevant visa identified in Schedule 3 of this Instrument; and

(d)

(i) are enrolled in one or more registered courses:

(A) of a kind that has been specified under regulation 1.40A; and

(B) the provider of which is not a suspended education provider; and

(ii) if under 18 years of age, provide evidence that the education provider for the course in which the applicant is enrolled has made appropriate arrangements for the applicant’s accommodation, support and general welfare for at least the minimum period of enrolment stated on the applicant’s electronic confirmation of enrolment plus 7 days after the end of that period; and

(e) in the case of Internet applications, apply no more than 93 days before their first course commences.

Class 6

Persons who:

(a) are not in immigration clearance; and

(b) are the holder of a passport issued by a foreign country; and

(c) claim to be a member of the family unit of a person described in Class 5 (the primary person); and

(d) seek to apply for a student visa at the same time and place as, and combined with, the primary person.

This Instrument, IMMI 14/017, commences on 22 March 2014, immediately after the commencement of Migration Amendment (Redundant and Other Provisions) Regulation 2014.

Dated 16 March 2014

MICHAELIA CASH

Assistant Minister for Immigration and Border Protection

Schedule 1

SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)

SUBCLASS 571 (SCHOOLS SECTOR)

SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)

SUBCLASS 573 (HIGHER EDUCATION SECTOR)

SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)

SUBCLASS 575 (NON-AWARD SECTOR)

Schedule 2

SUBCLASS 570 (INDEPENDENT ELICOS SECTOR)

SUBCLASS 571 (SCHOOLS SECTOR)

SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR)

SUBCLASS 573 (HIGHER EDUCATION SECTOR)

SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR)

SUBCLASS 575 (NON-AWARD SECTOR)

Schedule 3

Relevant visa means a visa of one of the following classes or subclasses:

Border (Temporary) (Class TA);

Business (Temporary) (Class TB);

Cultural/Social (Temporary) (Class TE);

Educational (Temporary) (Class TH);

Electronic Travel Authority (Class UD);

Expatriate (Temporary) (Class TJ);

Family Relationship (Temporary) (Class TL);

Long Stay (Visitor) (Class TN));

Maritime Crew (Temporary) (Class ZM);

Medical Practitioner (Temporary) (Class UE);

Retirement (Temporary) (Class TQ);

Supported Dependant (Temporary) (Class TW);

Temporary Business Entry (Class UC);

Temporary Work (Entertainment)(Class GE);

Temporary Work (International Relations)(Class GD) other than a visa in the Domestic Worker (Diplomatic or Consular) Stream;

Temporary Work (Long Stay Activity)(Class GB);

Temporary Work (Short Stay Activity)(Class GA);

Tourist (Class TR);

Training and Research (Class GC);

Visitor (Class FA);

Working Holiday (Temporary) (Class TZ);

Subclass 303 (Emergency (Temporary Visa Applicant));

Subclass 427 (Domestic Worker (Temporary) — Executive);

Subclass 485 (Skilled — Graduate);

Subclass 497 (Graduate — Skilled);

Subclass 488 (Superyacht Crew Visa – Temporary) (Class UW);

Subclass 651 (eVisitor – Temporary) (Class TV).