Migration Regulations 1994 - Determination – Meaning of Enrolled in Full-time Study at an Educational Institution 2015 - IMMI 15/070

Link to law: https://www.comlaw.gov.au/Details/F2015L00526

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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