Migration Amendment Regulations 2011 (No. 6)1
Select Legislative Instrument 2011 No. 199
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 3 November 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS BOWEN
Minister for Immigration and Citizenship
Contents
1 Name of Regulations 3
2 Commencement 3
3 Amendment of Migration Regulations 1994 — Schedule 1 3
4 Amendment of Migration Regulations 1994 — Schedule 2 3
5 Amendment of Migration Regulations 1994 — Schedule 3 3
6 Amendment of Migration Regulations 1994 — Schedule 4 4
Schedule 1 Amendments of Migration Regulations 1994 relating to public interest criterion 4020 5
Schedule 2 Amendments of Migration Regulations 1994 relating to student visas 8
Schedule 3 Amendments of Migration Regulations 1994 relating to public interest criteria 4005, 4006A and 4007 24
Schedule 4 Amendments of Migration Regulations 1994 relating to invitations to give additional information or comments 26
1 Name of Regulations
These Regulations are the Migration Amendment Regulations 2011 (No. 6).
2 Commencement
These Regulations commence on 5 November 2011.
3 Amendment of Migration Regulations 1994 — Schedule 1
(1) Schedule 1 amends the Migration Regulations 1994.
(2) The amendments made by item [1] of Schedule 1 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 5 November 2011; or
(b) made on or after 5 November 2011.
(3) The amendments made by item [2] of Schedule 1 apply in relation to an application for a visa made on or after 5 November 2011.
4 Amendment of Migration Regulations 1994 — Schedule 2
(1) Schedule 2 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 2 apply in relation to an application for a visa made on or after 5 November 2011.
5 Amendment of Migration Regulations 1994 — Schedule 3
(1) Schedule 3 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 3 apply in relation to an application for a visa made on or after 5 November 2011.
6 Amendment of Migration Regulations 1994 — Schedule 4
(1) Schedule 4 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 4 apply in relation to an invitation, given under section 56 or 57 of the Migration Act 1958 on or after 5 November 2011, to give additional information or comments.
Schedule 1 Amendments of Migration Regulations 1994 relating to public interest criterion 4020
(regulation 3)
[1] Amendments
Provision of Schedule 2
omit
insert
Paragraph 132.222 (a)
and 4010
, 4010 and 4020
Paragraph 132.225 (1) (a)
and 4010
, 4010 and 4020
Paragraph 132.225 (2) (a)
and 4004
, 4004 and 4020
Paragraph 132.322 (a)
and 4010
, 4010 and 4020
Paragraph 160.222 (a)
and 4010
, 4010 and 4020
Paragraph 160.224 (1) (a)
and 4010
, 4010 and 4020
Paragraph 160.224 (2) (a)
and 4004
, 4004 and 4020
Paragraph 160.322 (a)
and 4010
, 4010 and 4020
Paragraph 161.222 (a)
and 4010
, 4010 and 4020
Paragraph 161.224 (1) (a)
and 4010
, 4010 and 4020
Paragraph 161.224 (2) (a)
and 4004
, 4004 and 4020
Paragraph 161.322 (a)
and 4010
, 4010 and 4020
Paragraph 162.223 (a)
and 4010
, 4010 and 4020
Paragraph 162.225 (1) (a)
and 4010
, 4010 and 4020
Paragraph 162.225 (2) (a)
and 4004
, 4004 and 4020
Paragraph 162.322 (a)
and 4010
, 4010 and 4020
Paragraph 163.223 (a)
and 4010
, 4010 and 4020
Paragraph 163.225 (1) (a)
and 4010
, 4010 and 4020
Paragraph 163.225 (2) (a)
and 4004
, 4004 and 4020
Paragraph 163.322 (a)
and 4010
, 4010 and 4020
Paragraph 164.223 (a)
and 4010
, 4010 and 4020
Paragraph 164.225 (1) (a)
and 4010
, 4010 and 4020
Paragraph 164.225 (2) (a)
and 4004
, 4004 and 4020
Paragraph 164.322 (a)
and 4010
, 4010 and 4020
Paragraph 165.225 (a)
and 4010
, 4010 and 4020
Paragraph 165.227 (1) (a)
and 4010
, 4010 and 4020
Paragraph 165.227 (2) (a)
and 4004
, 4004 and 4020
Paragraph 165.322 (a)
and 4010
, 4010 and 4020
Paragraph 845.223 (a)
and 4010
, 4010 and 4020
Paragraph 845.224 (1) (a)
and 4010
, 4010 and 4020
Paragraph 845.224 (2) (a)
and 4004
, 4004 and 4020
Paragraph 845.322 (a)
and 4010
, 4010 and 4020
Paragraph 846.224 (a)
and 4010
, 4010 and 4020
Paragraph 846.225 (1) (a)
and 4010
, 4010 and 4020
Paragraph 846.225 (2) (a)
and 4004
, 4004 and 4020
Paragraph 846.322 (a)
and 4010
, 4010 and 4020
Paragraph 890.222 (a)
and 4010
, 4010 and 4020
Paragraph 890.223 (1) (a)
and 4010
, 4010 and 4020
Subclause 890.223 (2)
and 4004
, 4004 and 4020
Paragraph 890.322 (1) (a)
and 4010
, 4010 and 4020
Paragraph 891.223 (a)
and 4010
, 4010 and 4020
Paragraph 891.224 (1) (a)
and 4010
, 4010 and 4020
Subclause 891.224 (2)
and 4004
, 4004 and 4020
Paragraph 891.322 (1) (a)
and 4010
, 4010 and 4020
Paragraph 892.223 (a)
and 4010
, 4010 and 4020
Paragraph 892.224 (1) (a)
and 4010
, 4010 and 4020
Subclause 892.224 (2)
and 4004
, 4004 and 4020
Paragraph 892.322 (1) (a)
and 4010
, 4010 and 4020
Paragraph 893.224 (a)
and 4010
, 4010 and 4020
Paragraph 893.225 (1) (a)
and 4010
, 4010 and 4020
Subclause 893.225 (2)
and 4004
, 4004 and 4020
Paragraph 893.322 (1) (a)
and 4010
, 4010 and 4020
[2] Further amendments
Provision of Schedule 2
omit
insert
Paragraph 570.224 (a)
and 4014
, 4014 and 4020
Paragraph 570.323 (a)
and 4014
, 4014 and 4020
Paragraph 571.224 (a)
and 4014
, 4014 and 4020
Paragraph 571.323 (a)
and 4014
, 4014 and 4020
Paragraph 572.224 (a)
and 4014
, 4014 and 4020
Paragraph 572.323 (a)
and 4014
, 4014 and 4020
Paragraph 573.224 (a)
and 4014
, 4014 and 4020
Paragraph 573.323 (a)
and 4014
, 4014 and 4020
Paragraph 574.224 (a)
and 4014
, 4014 and 4020
Paragraph 574.323 (a)
and 4014
, 4014 and 4020
Paragraph 575.224 (a)
and 4014
, 4014 and 4020
Paragraph 575.323 (a)
and 4014
, 4014 and 4020
Paragraph 576.223 (a)
and 4014
, 4014 and 4020
Paragraph 576.323 (a)
and 4014
, 4014 and 4020
Paragraph 580.223 (3) (a)
and 4014
, 4014 and 4020
Clause 580.324
and 4018
, 4018 and 4020
Schedule 2 Amendments of Migration Regulations 1994 relating to student visas
(regulation 4)
[1] Schedule 2, subclause 570.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[2] Schedule 2, before paragraph 570.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[3] Schedule 2, subclause 571.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[4] Schedule 2, before paragraph 571.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[5] Schedule 2, subclause 572.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[6] Schedule 2, before paragraph 572.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[7] Schedule 2, subclause 573.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[8] Schedule 2, before paragraph 573.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[9] Schedule 2, subclause 574.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[10] Schedule 2, before paragraph 574.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[11] Schedule 2, subclause 575.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[12] Schedule 2, before paragraph 575.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[13] Schedule 2, subclause 576.222 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[14] Schedule 2, after clause 576.325
insert
576.325A The Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(a) the applicant’s circumstances; and
(b) the applicant’s immigration history; and
(c) if the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant; and
(d) any other relevant matter.
[15] Schedule 2, clause 580.111, after definition of first 12 months
insert
first 18 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia — on the day that the visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
[16] Schedule 2, clause 580.111, definition of first 36 months
omit
[17] Schedule 2, clause 580.112, definition of funds from an acceptable source, paragraph (a)
omit
6 months
insert
3 months
[18] Schedule 2, subclause 580.226 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student guardian because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) any other relevant matter; and
(b) the applicant meets the requirements of subclause (1A) or (1B).
[19] Schedule 2, paragraph 580.226 (4) (a)
omit
first 24 months
insert
first 18 months
[20] Schedule 2, paragraph 580.226 (3) (a)
omit
first 36 months
insert
first 24 months
[21] Schedule 5A, clause 5A101, after definition of first 12 months
insert
first 18 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
[22] Schedule 5A, clause 5A101, definition of first 36 months
omit
[23] Schedule 5A, clause 5A201
substitute
5A201 English language proficiency
The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.
[24] Schedule 5A, clause 5A204
substitute
5A204 English language proficiency
The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.
[25] Schedule 5A, paragraph 5A205 (1) (a)
omit
first 36 months
insert
first 24 months
[26] Schedule 5A, paragraph 5A205 (1) (aa)
omit
first 36 months
insert
first 24 months
[27] Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source, paragraph (a)
omit
6 months
insert
3 months
[28] Schedule 5A, paragraph 5A208 (1) (a)
omit
first 24 months
insert
first 18 months
[29] Schedule 5A, paragraph 5A208 (1) (aa)
omit
first 24 months
insert
first 18 months
[30] Schedule 5A, paragraph 5A305 (1) (a)
omit
first 36 months
insert
first 24 months
[31] Schedule 5A, paragraph 5A305 (1) (b)
omit
first 36 months
insert
first 24 months
[32] Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source, paragraph (aa)
omit
6 months
insert
3 months
[33] Schedule 5A, paragraph 5A308 (1) (a)
omit
first 24 months
insert
first 18 months
[34] Schedule 5A, paragraph 5A308 (1) (aa)
omit
first 24 months
insert
first 18 months
[35] Schedule 5A, paragraph 5A405 (1) (a)
omit
first 36 months
insert
first 24 months
[36] Schedule 5A, paragraph 5A405 (1) (aa)
omit
first 36 months
insert
first 24 months
[37] Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source, paragraph (aa)
omit
6 months
insert
3 months
[38] Schedule 5A, paragraph 5A408 (1) (a)
omit
first 24 months
insert
first 18 months
[39] Schedule 5A, paragraph 5A408 (1) (aa)
omit
first 24 months
insert
first 18 months
[40] Schedule 5A, paragraph 5A505 (1) (a)
omit
first 36 months
insert
first 24 months
[41] Schedule 5A, paragraph 5A505 (1) (aa)
omit
first 36 months
insert
first 24 months
[42] Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source, paragraph (aa)
omit
6 months
insert
3 months
[43] Schedule 5A, paragraph 5A508 (1) (a)
omit
first 24 months
insert
first 18 months
[44] Schedule 5A, paragraph 5A508 (1) (aa)
omit
first 24 months
insert
first 18 months
[45] Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source, paragraph (aa)
omit
6 months
insert
3 months
[46] Schedule 5A, paragraph 5A705 (1) (a)
omit
first 36 months
insert
first 24 months
[47] Schedule 5A, paragraph 5A705 (1) (aa)
omit
first 36 months
insert
first 24 months
[48] Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source, paragraph (a)
omit
6 months
insert
3 months
[49] Schedule 5A, paragraph 5A708 (1) (a)
omit
first 24 months
insert
first 18 months
[50] Schedule 5A, paragraph 5A708 (1) (aa)
omit
first 24 months
insert
first 18 months
[51] Schedule 5B, clause 5B101, after definition of first 12 months
insert
first 18 months, for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia — on the day of the applicant’s expected arrival in Australia; or
(ii) if the application is made in Australia — on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant’s proposed stay in Australia.
[52] Schedule 5B, clause 5B101, definition of first 36 months
omit
[53] Schedule 5B, paragraph 5B201 (2) (a)
omit
first 36 months
insert
first 24 months
[54] Schedule 5B, subclause 5B201 (3), definition of funds from an acceptable source, paragraph (a)
omit
6 months
insert
3 months
[55] Schedule 5B, subclause 5B202 (3), definition of funds from an acceptable source, paragraph (a)
omit
6 months
insert
3 months
[56] Schedule 5B, paragraph 5B301 (2) (a)
omit
first 24 months
insert
first 18 months
[57] Schedule 5B, paragraph 5B301 (2) (d)
omit
first 24 months
insert
first 18 months
Schedule 3 Amendments of Migration Regulations 1994 relating to public interest criteria 4005, 4006A and 4007
(regulation 5)
[1] Schedule 4, subclause 4005 (3)
substitute
(3) If:
(a) the applicant applies for a temporary visa; and
(b) the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (2) (b) (ii);
the reference in sub-subparagraph (1) (c) (ii) (A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.
[2] Schedule 4, subclause 4006A (1B)
substitute
(1B) If:
(a) the applicant applies for a temporary visa; and
(b) the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (1A) (b) (ii);
the reference in sub-subparagraph (1) (c) (ii) (A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.
[3] Schedule 4, subclause 4007 (1B)
substitute
(1B) If:
(a) the applicant applies for a temporary visa; and
(b) the subclass being applied for is not specified by the Minister in an instrument in writing made for subparagraph (1A) (b) (ii);
the reference in sub-subparagraph (1) (c) (ii) (A) to health care and community services does not include the health care and community services specified by the Minister in an instrument in writing made for this subclause.
Schedule 4 Amendments of Migration Regulations 1994 relating to invitations to give additional information or comments
(regulation 6)
[1] Regulation 2.15, heading
substitute
2.15 Response to invitation to give additional information or comments — prescribed periods
[2] Subregulation 2.15 (1)
omit
make comments or give further information
insert
give additional information or comments
[3] Subparagraphs 2.15 (1) (b) (i) and (ii)
substitute
(i) if the invitation is given at an interview — 7 days after the interview; or
(ia) if the invitation is given in a telephone conversation — 7 days after the invitation is given; or
(ii) if the invitation is given otherwise than in a way mentioned in paragraph (i) or (ia):
(A) in the case of an application for a Tourist (Class TR) visa or a Medical Treatment (Visitor) (Class UB) visa — 7 days after the applicant is notified of the invitation; or
(C) in any other case — 28 days after the applicant is notified of the invitation; or
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
