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IMMI 15/070 Determinations/Other as made
This instrument determines the meaning of enrolled in full time study for the purposes of subparagraph 2.06AAB(2)(a)(ii) of the Migration Regulations 1994.
Administered by: Immigration and Border Protection
Made 08 Apr 2015
Registered 14 Apr 2015
Tabled HR 12 May 2015
Tabled Senate 11 May 2015

 


Commonwealth of Australia

 

Migration Regulations 1994

 

DETERMINATION – MEANING OF ENROLLED IN FULL-TIME STUDY AT AN EDUCATIONAL INSTITUTION 2015

 

(Subregulation 2.06AAB(3))

 

 

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulation 2.06AAB(3) of the Migration Regulations 1994 (the Regulations):

 

1.                  DETERMINE for the purposes of subparagraph 2.06AAB(2)(a)(ii) of the Regulations, that an applicant is enrolled in full-time study in an educational institution if at any time during the period specified in paragraph 2.06AAB(2)(a) of the Regulations, the applicant is either:

 

(a)                enrolled in full-time study:

(i)                 at the following educational institutions:

1.      primary school; or

2.      secondary school or other equivalent educational institution authorised to issue a Senior Secondary Certificate of Education in the relevant State or Territory; and

(ii)               which involves the applicant’s physical attendance at place located in a regional area for the purposes of study for the entire period of study; or

 

(b)                enrolled in full‑time study:

(i)                 in a course leading to the award of an Australian Qualifications Framework (AQF) Level 1 qualification or higher, where:

1.      for courses leading to the award of an AQF Level 1 qualification—the applicant is limited to undertaking a single course at that level for the purposes of full‑time study under this Instrument; or

2.      for courses leading to the award of an AQF Level 2 qualification or higher—the applicant may undertake one or more courses at those levels for the purposes of full-time study under this Instrument;

3.      if at any time the applicant undertakes more than one course concurrently, only one course may be considered for the purposes of full-time study for that time under this Instrument; and

(ii)               at an educational institution authorised to issue an Australian Qualifications Framework (AQF) qualification;

(iii)             which involves the applicant’s physical attendance at a place located in a regional area for the purposes of study for the entire period of study; and

(iv)             for the purpose of this paragraph (b), does not include study which is wholly undertaken:

1.      online;

2.      by correspondence or by distance; or

3.      otherwise on an external study basis.

 

(c)                for the purposes of this Instrument:

(i)                 contact hours has the meaning given by regulation 1.03 of the Regulations;

(ii)               enrolled means the applicant has enrolled and commenced study at the educational institution;

(iii)             full-time study is taken to be:

1.      for the purposes of paragraph (a) of this Instrument, the period of study determined as full-time study by the applicant’s educational institution;

2.      for the purposes of paragraph (b) of this Instrument either:

(a)    the period of study determined as full-time study by the applicant’s educational institution; or

(b)   if the applicant’s educational institution does not determine full-time study, a period of study which comprises at least 20 contact hours per week.

(iv)             regional area is specified under subclause 1404(4) of Schedule 1 to the Regulations.

 

 

This Instrument, IMMI 15/070 commences on 18 April 2015.

 

 

Dated 8 April 2015

 

 

Peter Dutton

                                  Minister for Immigration and Border Protection