Schedule 1 Amendments

(regulation 3)

Part 1 Amendments of Parts 2 and 4

[1101] Subregulation 2.26 (5), definition of relevant Australian authority, paragraph (b)

substitute

(b) the Department of Employment and Workplace Relations; or

[1102] After regulation 2.28

insert

2.29A Application of Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa from 1 July 2003

Paragraphs 1128BA (3) (i) and (j) in Schedule 1, as in force immediately before 1 July 2003, continue to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for:

(i) a Graduate — Skilled (Temporary) (Class UQ) visa; or

(ii) a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa;

on or after 1 July 2003 and before 1 April 2004.

Note Item 1128BA was amended with effect from 1 July 2003. The two versions of item 1128BA, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29B Application of Skilled — Independent Overseas Student (Residence) (Class DD) visa from 1 July 2003

Paragraphs 1128CA (3) (j) and (l) in Schedule 1, as in force immediately before 1 July 2003, continue to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for:

(i) a Graduate — Skilled (Temporary) (Class UQ) visa; or

(ii) a Skilled — Independent Overseas Student (Residence) (Class DD) visa;

on or after 1 July 2003 and before 1 April 2004.

Note Item 1128CA was amended with effect from 1 July 2003. The two versions of item 1128CA, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29C Application of Graduate — Skilled (Temporary) (Class UQ) visa from 1 July 2003

Paragraph 1212A (3) (h) in Schedule 1, as in force immediately before 1 July 2003, continues to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Graduate — Skilled (Temporary) (Class UQ) visa on or after 1 July 2003 and before 1 April 2004.

Note Item 1212A was amended with effect from 1 July 2003. The two versions of item 1212A, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29D Application of Subclass 134 (Skill Matching) visa from 1 July 2003

Subclauses 134.215 (2) and 134.222A (2) in Schedule 2, as in force immediately before 1 July 2003, continue to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skill Matching (Migrant) (Class BR) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 134 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29E Application of Subclass 136 (Skilled — Independent) visa from 1 July 2003

Subclauses 136.213 (2) and 136.223A (2) in Schedule 2, as in force immediately before 1 July 2003, continue to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skilled — Independent (Migrant) (Class BN) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 136 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29F Application of Subclass 137 (Skilled — State/Territory-nominated Independent) visa from 1 July 2003

Subclauses 137.214 (2) and 137.221A (2) in Schedule 2, as in force immediately before 1 July 2003, continue to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skilled — Independent (Migrant) (Class BN) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 137 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29G Application of Subclass 138 (Skilled — Australian-sponsored) visa from 1 July 2003

Subclauses 138.216 (2) and 138.225A (2) in Schedule 2, as in force immediately before 1 July 2003, continue to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skilled — Australian-sponsored (Migrant) (Class BQ) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 138 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29H Application of Subclass 139 (Skilled — Designated Area-sponsored) visa from 1 July 2003

Subclauses 139.217 (2) and 139.225A (2) in Schedule 2, as in force immediately before 1 July 2003, continue to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skilled — Australian-sponsored (Migrant) (Class BQ) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 139 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29I Application of Subclass 861 (Skilled — Onshore Independent New Zealand Citizen) visa from 1 July 2003

Subclause 861.213 (2) in Schedule 2, as in force immediately before 1 July 2003, continues to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skilled — New Zealand Citizen (Residence) (Class DB) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 861 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29J Application of Subclass 862 (Skilled — Onshore Australian-sponsored New Zealand Citizen) visa from 1 July 2003

Subclause 862.216 (2) in Schedule 2, as in force immediately before 1 July 2003, continues to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skilled — New Zealand Citizen (Residence) (Class DB) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 862 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

2.29K Application of Subclass 863 (Skilled — Onshore Designated Area-sponsored New Zealand Citizen) visa from 1 July 2003

Subclause 863.217 (2) in Schedule 2, as in force immediately before 1 July 2003, continues to apply in relation to a person:

(a) who was undertaking full-time study in Australia on or before 31 March 2003; and

(b) who applies for a Skilled — New Zealand Citizen (Residence) (Class DB) visa on or after 1 July 2003 and before 1 April 2004.

Note Part 863 in Schedule 2 was amended with effect from 1 July 2003. The two versions of the Part, before and after 1 July 2003, have substantially different effects, and the purpose of this regulation is to ensure that certain persons are not disadvantaged by the effect of the new version.

[1103] Sub-subparagraph 2.43 (1) (n) (ii) (B)

omit

certificate.

insert

certificate;

[1104] After paragraph 2.43 (1) (n)

insert

(o) that the Minister reasonably suspects that the visa has been obtained as a result of the fraudulent conduct of any person.

[1105] Subregulation 4.31B (1)

substitute

(1) The fee for review by the Tribunal of an RRT-reviewable decision is:

(a) if the application for review was made before 1 July 2003 — $1 000; or

(b) if the application for review was made on or after 1 July 2003 — $1 400.

[1106] Subregulation 4.31B (5)

omit

1 July 2003.

insert

1 July 2005.

Part 2 Amendments of Schedule 1

[1201] Paragraph 1128BA (3) (i)

omit

paragraph (j) applies.

insert

paragraphs (j) and (ja) apply.

[1202] Subparagraph 1128BA (3) (j) (iv)

omit

skilled occupation; and

insert

skilled occupation.

[1203] Subparagraph 1128BA (3) (j) (v)

omit

[1204] After paragraph 1128BA (3) (j)

insert

(ja) This paragraph applies to an applicant who is a former overseas student for paragraph (j) if the applicant gives with the application satisfactory evidence that:

(i) each of the following sub-subparagraphs applies in relation to the applicant:

(A) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of at least 2 years of full-time study at that institution while the applicant was present in Australia;

(B) all instruction for that degree, diploma or trade qualification was conducted in English;

(C) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application; or

(ii) each of the following sub-subparagraphs applies in relation to the applicant:

(A) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of less than 2 years of full-time study at that institution while the applicant was present in Australia;

(B) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, while the applicant was present in Australia;

(C) the 2 or more degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) were completed as a result of a total of at least 2 years of full‑time study while the applicant was present in Australia;

(D) each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) was completed at the institution at which it was commenced;

(E) each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) is relevant to the skilled occupation nominated by the applicant in his or her application;

(F) all instruction for each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) was conducted in English.

[1205] Subparagraph 1128CA (3) (j) (i)

omit

at least 1 year

insert

at least 2 years

[1206] Paragraph 1128CA (3) (l)

substitute

(l) Application by the applicant seeking to satisfy the primary criteria must be accompanied by satisfactory evidence that:

(i) each of the following sub-subparagraphs applies in relation to the applicant:

(B) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application;

(ii) each of the following sub-subparagraphs applies in relation to the applicant:

(A) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of less than 2 years of full-time study at that institution while the applicant was present in Australia;

(D) each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) was completed at the institution at which it was commenced;

(E) each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) is relevant to the skilled occupation nominated by the applicant in his or her application;

(F) all instruction for each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) was conducted in English.

[1207] Paragraph 1212A (3) (h)

substitute

(h) Application by the applicant seeking to satisfy the primary criteria must be accompanied by satisfactory evidence that:

(i) each of the following sub-subparagraphs applies in relation to the applicant:

(B) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application;

(ii) each of the following sub-subparagraphs applies in relation to the applicant:

(A) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of less than 2 years of full-time study at that institution while the applicant was present in Australia;

(D) each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) was completed at the institution at which it was commenced;

(E) each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) is relevant to the skilled occupation nominated by the applicant in his or her application;

(F) all instruction for each of the degrees, diplomas or trade qualifications mentioned in sub-subparagraphs (A) and (B) was conducted in English.

Part 3 Amendments of Schedule 2

[1301] Subclause 134.215 (2)

substitute

(2) Subclause (1) does not apply to an applicant if:

(a) each of the following subparagraphs applies in relation to the applicant:

(i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of at least 2 years of full-time study at that institution while the applicant was present in Australia;

(ii) the degree, diploma or trade qualification is relevant to the skilled occupation nominated by the applicant in his or her application;

(iii) all instruction for that degree, diploma or trade qualification was conducted in English; or

(b) each of the following subparagraphs applies in relation to the applicant:

(i) the applicant has, in the 6 months immediately before the day on which the application is made, completed a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution as a result of less than 2 years of full-time study at that institution while the applicant was present in Australia;

(ii) before completing that degree, diploma or trade qualification, the applicant completed at least 1 other degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, while the applicant was present in Australia;

(iii) the 2 or more degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) were completed as a result of a total of at least 2 years of full-time study while the applicant was present in Australia;

(iv) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was completed at the institution at which it was commenced;

(v) each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) is relevant to the skilled occupation nominated by the applicant in his or her application;

(vi) all instruction for each of the degrees, diplomas or trade qualifications mentioned in subparagraphs (i) and (ii) was conducted in English.

[1302] Subclause 134.222A (2)