Immigration (Education) Regulations 1992

Statutory Rules 1992 No. 432 as amended

made under the

Immigration (Education) Act 1971

This compilation was prepared on 1 January 2011
taking into account amendments up to SLI 2010 No. 297

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of regulations [see Note 1]

 2 Commencement 

 3 Definition 

 4 Ineligibility for English courses — application for extension of period for registration or commencement             

 5 Ineligibility for English courses — decision on application for extension of period for registration or commencement             

 6 Ineligibility for English courses — application for extension of time limit on tuition             

 7 Ineligibility for English courses — decision on application for extension of time limit on tuition             

 8 Citizenship courses 

Notes   

1 Name of regulations [see Note 1]

  These regulations are the Immigration (Education) Regulations 1992.

2 Commencement

  These regulations commence on 1 January 1993.

3 Definition

Act means the Immigration (Education) Act 1971.

Note   Several other words and phrases used in these Regulations have the meaning given by section 3 of the Act. For example:

• Secretary
• visa commencement day.

4 Ineligibility for English courses — application for extension of period for registration or commencement

 (1) For paragraph 4C (4) (a) of the Act, this regulation sets out arrangements in relation to an application for an extension of a period mentioned in subsection 4C (2) of the Act.

Applicant under 18

 (2) If the applicant is aged under 18 years on the applicant’s visa commencement day, the application must be made:

 (a) in writing; and

 (b) by the earlier of:

 (i) 14 days after the day on which the applicant (or a person acting for the applicant) requests the extension through the provider of the approved English course with which the applicant has registered or proposes to register; and

 (ii) 12 months after the applicant’s visa commencement day.

Applicant 18 or over

 (3) If the applicant is aged 18 years or over on the applicant’s visa commencement day, the application must be made:

 (a) in writing; and

 (b) no later than 14 days after the day on which the applicant (or a person acting for the applicant) requests the extension through the provider of the approved English course with which the applicant has registered or proposes to register.

5 Ineligibility for English courses — decision on application for extension of period for registration or commencement

 (1) For paragraph 4C (6) (a) of the Act, this regulation sets out matters to which the Secretary must have regard in making a decision on an application for an extension of a period mentioned in subsection 4C (2) of the Act.

Applicant under 18

 (2) Subregulation (3) applies in relation to:

 (a) an applicant who was aged under 18 years on the applicant’s visa commencement day; and

 (b) the period of 12 months starting on the applicant’s visa commencement day.

 (3) The matters to which the Secretary must have regard are:

 (a) any serious illness or injury suffered by the applicant during the period, including the duration of the illness or injury; and

 (b) the kinds of commitments that the applicant had to members of the applicant’s family during the period; and

 (c) whether any compelling and compassionate reasons for making a particular decision on the application existed during the period.

Applicant 18 or over

 (4) Subregulation (5) applies in relation to:

 (a) an applicant who was aged 18 years or over on the applicant’s visa commencement day; and

 (b) the period starting on the applicant’s visa commencement day and ending at the earlier of:

 (i) 5 years after that day; and

 (ii) the day on which the applicant makes the application.

 (5) The matters to which the Secretary must have regard are:

 (a) the applicant’s employment record during the period; and

 (b) the applicant’s record during the period in learning English; and

 (c) any serious illness or injury suffered by the applicant during the period, including the duration of the illness or injury; and

 (d) the kinds of commitments that the applicant had to members of the applicant’s family during that period; and

 (e) whether the applicant was not in Australia at any time during the period; and

 (f) whether any compelling and compassionate reasons for making a particular decision on the application existed during the period.

6 Ineligibility for English courses — application for extension of time limit on tuition

  For paragraph 4D (4) (a) of the Act, an application for an extension of the period mentioned in subsection 4D (2) of the Act must be made:

 (a) in writing; and

 (b) no later than 14 days after the day on which the applicant (or a person acting for the applicant) requests the extension through the provider of the approved English course with which the applicant has registered.

7 Ineligibility for English courses — decision on application for extension of time limit on tuition

 (1) For paragraph 4D (6) (a) of the Act, this regulation sets out matters to which the Secretary must have regard in making a decision on an application for an extension of the period mentioned in subsection 4D (2) of the Act.

 (2) If the application is made less than 5 years after the applicant’s visa commencement day, the Secretary must have regard to the time remaining before the end of 5 years after that day.

 (3) The Secretary must also have regard to:

 (a) any serious illness or injury suffered by the applicant during the period starting on the applicant’s visa commencement day and ending at the earlier of:

 (i) 5 years after that day; and

 (ii) the day on which the applicant makes the application;

  including the duration of the illness or injury; and

 (b) whether a close family member of the applicant died during that period; and

 (c) whether the applicant experienced a traumatic experience during that period; and

 (d) whether any reasons of a compelling and compassionate nature existed during that period to prevent the applicant from completing 510 hours of English tuition during that period.

8 Citizenship courses

  For section 4E of the Act, a person to whom citizenship courses may be provided is a person who:

 (a) has made an application under subsection 21 (1) of the Australian Citizenship Act 2007 to become an Australian citizen; and

 (b) claims to be able to satisfy the Minister of the matters set out in subsection 21 (2) of that Act.

Notes to the Immigration (Education) Regulations 1992

Note 1

The Immigration (Education) Regulations 1992 (in force under the Immigration (Education) Act 1971) as shown in this compilation comprise Statutory Rules 1992 No. 432 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments

Table of Amendments

Table A Application, saving or transitional provisions

Statutory Rules 2002 No. 120

4 Transitional

  The amendment made by Schedule 1 applies to a person who enrols in a prescribed English course (within the meaning of the Immigration (Education) Regulations 1992) on or after 1 July 2002.

Select Legislative Instrument 2005 No. 134

5 Transitional

 (1) The amendments made by Schedule 1 apply in relation to an enrolment in a prescribed English course on or after 1 July 2005.

Select Legislative Instrument 2007 No. 165

5 Application

  The amendments made by Schedule 1 apply to a person who enrols in a prescribed English course on or after 1 July 2007.

Select Legislative Instrument 2008 No. 91

4 Amendment of Immigration (Education) Regulations 1992

 (1) Schedule 3 amends the Immigration (Education) Regulations 1992.

 (2) The amendment made by Schedule 3 applies in relation to enrolment in a prescribed English course that occurs on or after 1 July 2008.

Select Legislative Instrument 2009 No. 116

13 Amendment of Immigration (Education) Regulations 1992 — Schedule 11

 (1) Schedule 11 amends the Immigration (Education) Regulations 1992.

 (2) The amendments made by Schedule 11 apply in relation to an enrolment in a prescribed English course on or after 1 July 2009.

Select Legislative Instrument 2010 No. 117

6 Amendment of Immigration (Education) Regulations 1992 — Schedule 4

 (1) Schedule 4 amends the Immigration (Education) Regulations 1992.

 (2) The amendment made by Schedule 4 applies in relation to an enrolment in a prescribed English course on or after 1 July 2010.