EXPLANATORY STATEMENT

Migration Regulations 1994

VISAS ATTRACTING A SUBSEQUENT

TEMPORARY APPLICATION CHARGE 2016/012

(Paragraphs 2.12C(5)(a) and 2.12C(5)(c))

1.             Instrument IMMI 16/012 is made under paragraphs 2.12C(5)(a) and 2.12C(5)(c) of the Migration Regulations 1994 (the Regulations).

2.             The purpose and operation of the Instrument is for the Minister to specify that a subsequent temporary application charge is payable by a specified applicant of a Subclass 500 (Student) visa or a Subclass 590 (Student Guardian) visa. The applicant must also be in Australia at the time of application and the specified applicant holds, or the last substantive visa held by a specified applicant was a visa specified in Schedule 2 to the Instrument for the purposes of paragraph 2.12C(5)(c) of the Regulations.  The applicant must have been in Australia at the time of the application of a previous visa and the visa was not granted under circumstances specified in paragraph 2.12C(5)(e) of the Regulations.  The amount of the subsequent temporary application charge is specified in subregulation 2.12C(6) of the Regulations.

3.             On 16 June 2015, the Australian Government released the Future Directions for Streamlined Visa Processing report and announced that it would implement the report’s eight recommendations; including a simplified student visa framework base on two of the key recommendations:

a.              reduce the number of student visa subclasses from eight to two; and

b.             implement a new combined country and provider immigration risk framework to guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.

Subclass 500 - Student and Subclass 590 – Student Guardian form part of the project to simplify the Australian Government’s student visa framework.

4.             The Instrument operates to require holders of a visa who apply for a subsequent temporary visa to pay a subsequent temporary application charge when they lodge an application in Australia.

5.             Consultation was undertaken with key international education sector stakeholders as part of the project to simplify Australia's student visa framework before this instrument was made. Stakeholders consulted included: Commonwealth agencies (Department of Education and Training, Austrade, Department of Foreign Affairs and Trade, the Department of Defence, the Australian Skills Quality Authority, and the Tertiary Education Quality and Standards Agency), state and territory government agencies (including school regulators), as well as industry peak bodies (Australian Council for Private Education and Training, Australian Government Schools International, Council of Private Higher Education, English Australia, Independent Schools Council of Australia, International Education Association of Australia, TAFE Directors Australia, and Universities Australia).

6.             The Office of Best Practice Regulation (OBPR) has been consulted and a Regulatory Impact Statement has been completed, and is attached to this Explanatory Statement at Attachment A. (OBPR Reference 18083).

7.             Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

8.             The Instrument commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No.1) Regulation 2016.