Federal Register of Legislation - Australian Government

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IMMI 12/059 Specifications as made
This instrument specifies classes of persons who are exempt from satisfying the primary criteria in relation to English language for a Subclass 186 or Subclass 187 visa.
Administered by: Immigration and Border Protection
Registered 22 Jun 2012
Tabling HistoryDate
Tabled HR25-Jun-2012
Tabled Senate25-Jun-2012
Date of repeal 01 Jul 2015
Repealed by Migration Regulations 1994 - Specification of Class of Persons 2015 - IMMI 15/083

Commonwealth of Australia


Migration Regulations 1994




(Paragraphs 186.222(b), 186.232(b), 187.222(b), 187.232(b))


I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under paragraphs 186.222(b), 186.232(b), 187.222(b) and 187.232(b) of the Migration Regulations 1994 (‘the Regulations’):



1.                  SPECIFY the following classes of persons for the purposes of paragraphs 186.222(b), 186.232(b), 187.222(b), and 187.232(b) of the Regulations:


Class 1

Ministers of Religion (ANZSCO 272211) who have applied for a visa under the Regulations to occupy a position as nominated by a religious institution.


Class 2

Persons who have applied under the Regulations for a visa, and whose earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate.


2.                  SPECIFY the following class of persons for the purposes of paragraphs 186.222(b) and 187.222(b):


Class 3

Persons who have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English.


This Instrument, IMMI 12/059, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).


Dated              12 June            2012



                                                                 Chris Bowen

Minister for Immigration and Citizenship


[NOTE 1:        Paragraphs 186.222(b), 186.232(b), 187.222(b), and 187.232(b) of the Regulations provide that, at the time of the application, the applicant was a person in a class of persons specified by the Minister in an instrument in writing.

NOTE 2:         ANZSCO means the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics and as current on 1 July 2010.

NOTE 3:         Regulation 1.03 of the Regulations defines religious institution as a body that, the activities of which, reflect that it is a body instituted for the promotion of a religious object; and the beliefs and practices of the members of which constitute a religion due to those members believing in a supernatural being, thing or principle and accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and that meets the requirements of section 50-50 of the Income Tax Assessment Act 1997; and the income of which is exempt from income tax under section 50-1 of that Act.

NOTE 4:         Subregulation 2.57A(1) defines earnings  to include the person’s wages, and amounts applied or dealt with in any way on the person’s behalf or as the person directs, and the agreed money value of non-monetary benefits.]