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IMMI 18/013 Other as made
This instrument specifies the classes of persons to whom subparagraph 1222(2)(a)(i) of Schedule 1 to the Migration Regulations 1994 applies. For applicants for a subclass 500 (Student) visa who are included in these classes of persons, the first instalment of the visa applicant charge amount is nil.
Administered by: Home Affairs
Registered 10 Jan 2018
Tabling HistoryDate
Tabled HR05-Feb-2018
Tabled Senate05-Feb-2018
Date of repeal 25 Feb 2020
Repealed by Migration (LIN 20/099: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020
Table of contents.

 

Migration (IMMI 18/013: Classes of Persons for Student (Temporary) (Class TU) Visa) Instrument 2018

 

 

 

I, David Wilden, Senior Executive Service, Band two, Immigration and Citizenship Policy Division, Delegate of the Minister for Immigration and Border Protection, make the following instrument.

Dated   8 January 2018           

David Wilden             

 

David Wilden

Senior Executive Service, Band two, Immigration and Citizenship Policy Division, Delegate of the Minister for Immigration and Border Protection

 

 

 


Contents

Part 1—Preliminary                                                                                                     1

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Schedules................................................................................................................................. 2

Part 2—Classes of persons                                                                                           3

6  Class of persons to whom subparagraph 1222(2)(a)(i) applies................................................ 3

7  Class of persons 1—Students.................................................................................................. 3

8  Class of persons 2—Students’ family members (combined applicants)................................... 3

9  Class of persons 3—Students’ family members (Foreign Affairs students and Defence students)     4

10  Class of persons 4—Students’ family members (postgraduate research students)................. 4

11  Class of persons 5—Student Guardians................................................................................. 4

12  Class of persons 6—Student Guardians’ family members..................................................... 4

Schedule 1—Repeals                                                                                                     6

Class of Persons 2016/015 (IMMI 16/015) (F2016L00628)                                                         6

 

 


Part 1 – Preliminary

1  Name

(1)   This instrument is the Migration (IMMI 18/013: Class of Persons for Student (Temporary) (Class TU) Visa) Instrument 2018.

(2)   This instrument may be cited as IMMI 18/013.

2  Commencement

                   This instrument commences the day after it is registered on the Federal Register of Legislation.

3  Authority

                   This instrument is made under paragraph 1222(5)(a) of Schedule 1 to the Regulations.

4  Definitions

                   In this instrument:

Agreed starting day, for a registered course, means:

                     (a)  the day on which a course was scheduled to start; or

                     (b)  the later day agreed between the education provider and a student.

Defence student: see regulation 1.03 of the Regulations.

Foreign Affairs student: see subregulation 1.03 of the Regulations.

member of the family unit: see regulation 1.03 of the Regulations

provider default in relation to a registered course, means the occurrence of one of the following events because a sanction has been imposed on the education provider under Division 1 or 2 of Part 6 of the Education Services for Overseas Students Act 2000:

                     (a)  the course does not start on the agreed starting day; or

                     (b)  the course ceases to be provided at any time after it starts, but before it is completed; or

                     (c)  the course not being provided in full to a student.

provider default day in relation to a registered course for which provider default has occurred, means:

                     (a)  if the default occurred because of the event mentioned in paragraph (a) of the definition of provider default—the agreed starting day; or

                     (b)  if the default occurred because of the event mentioned in
paragraph (b) or (c) of the definition of provider default—the day on which the course ceased to be provided.

registered course: see regulation 1.03 of the Regulations.

Regulations means the Migration Regulations 1994.

secondary exchange student: see regulation 1.03 of the Regulations.

Subclass 500 visa means a Subclass 500 (Student) visa.

Subclass 590 visa means a Subclass 590 (Student Guardian) visa.

5  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


 

Part 2—Classes of persons

6  Class of persons to whom subparagraph 1222(2)(a)(i) applies

                   Under paragraph 1222(5)(a) of Schedule 1 to the Regulations, sections 7 to 12 of this instrument specify classes of persons for the purposes of subparagraph 1222(2)(a)(i) of Schedule 1 to the Regulations.

7  Class of persons 1—Students

             (1)  An applicant seeking to satisfy the primary criteria for grant of a Subclass 500 visa and:

                     (a)  who has been granted approval under a students’ training scheme approved by the Commonwealth to study in Australia; or

                     (b)  who is a Foreign Affairs student to whom subparagraph 1.04A(3)(b)(ii) applies; or

                     (c)  who is a Defence student to whom subparagraph 1.04B(b)(ii) applies; or

                     (d)  who is a secondary exchange student; or

                     (e)  to whom each of the following circumstances applies:

                              (i)  the applicant was not able to complete a registered course due to provider default; and

                             (ii)  there is satisfactory evidence that the applicant was enrolled in that course on the provider default day; and

                            (iii)  the applicant holds a Student visa, or the applicant’s last substantive visa was a Student visa; and

                            (iv)  the applicant requires a Subclass 500 visa to allow him or her to complete either an alternative registered course; or one or more registered courses after an alternative registered course; and

                             (v)  the application is made no later than 12 months after the provider default day; and

                            (vi)  the applicant has not made a previous application in the circumstances specified in this paragraph because of the same provider default described in subparagraph (i).

8  Class of persons 2—Students’ family members (combined applicants)

             (1)  An applicant who:

                     (a)  claims to be a member of the family unit of another applicant (the primary applicant) and the primary applicant is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and

                     (b)  seeks to combine their application with the primary applicant’s application; and

                     (c)  the primary applicant is:

                              (i)  included in the class of persons specified in section 7 of this instrument; or

                             (ii)  enrolled in a postgraduate research course.

9  Class of persons 3—Students’ family members (Foreign Affairs students and Defence students)

             (1)  An applicant who:

                     (a)  is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and

                     (b)  claims to be a member of the family unit of a person (the primary person) who holds a Subclass 500 visa;

                   and where:

                     (c)  the primary person is a Foreign Affairs student or a Defence student.

10  Class of persons 4—Students’ family members (postgraduate research students)

             (1)  An applicant who:

                     (a)  claims to be a member of the family unit of a person (the subsequent applicant) and the subsequent applicant is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and

                     (b)  seeks to combine their application with the subsequent applicant’s application;

                   and where:

                     (c)  the subsequent applicant claims to be a member of the family unit of a person (the primary person) who holds a Subclass 500 visa; and

                     (d)  the primary person is enrolled in a postgraduate research course.

11  Class of persons 5—Student Guardians

             (1)  An applicant seeking to satisfy the primary criteria for grant of a Subclass 590 visa where each of the following applies:

                     (a)  the nominating student was not able to complete a registered course due to a provider default; and

                     (b)  there is satisfactory evidence that the nominating student was enrolled in that course on the provider default day; and

                     (c)  the nominating student holds a Student visa, or the nominating student’s last substantive visa was a Student visa; and

                     (d)  the nominating student requires a Subclass 500 visa to allow him or her to complete an alternative registered course; or one or more registered courses after an alternative registered course; and

                     (e)  the applicant’s visa application is made no later than 12 months after the provider default day; and

                      (f)  the applicant has not made a previous application in the circumstances specified in this subsection because of the same provider default specified in paragraph (a).

12  Class of persons 6—Student Guardians’ family members

             (1)  An applicant who is:

                     (a)  claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of Subclass 590 visa; and

                     (b)  making a combined application with that person.


 

Schedule 1—Repeals

Class of Persons 2016/015 (IMMI 16/015) (F2016L00628)

1  The whole of the instrument

Repeal the instrument