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DEPT OF HOME AFFAIRS: Migration (LIN 20/099: Classes of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020

The Instrument repeals Migration (IMMI 18/013: Classes of persons for student (Temporary) (Class TU) visa) Instrument 2018 under paragraph 1222(5)(a) of Schedule 1 to the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community.

Source: LIN20099.pdf and LIN20099-Explanatory-Statement.pdf

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