Australian Immigration Daily News

Overview of the Legislative Instrument

Under Part 3-2 of the Higher Education Support Act 2003 (the Act), one of the factors in determining whether students are entitled to Higher Education Loan Program (HELP) assistance is that they must satisfy the citizenship or residency requirements under the relevant provisions in the Act. As a result of amendments to the Act contained in Part 1 of Schedule 1 to the Education Legislation Amendment (2021 Measures No. 2) Act 2021 (the Amendment Act), eligible former permanent humanitarian visa holders can meet the citizenship or residency requirements for HELP assistance under the Act where they hold certain specified visa classes or subclasses (see specifically the amendments to paragraphs 90-5(1)(b), 104-5(1)(b), 118-5(1)(b) and 126-5(1)(b) of the Act in Part 1 of Schedule 1 to the Amendment Act).

The purpose of the Determination is to specify the classes or subclasses of visas provided for by the Migration Act 1958 or regulations made under that Act for the purposes of paragraph (c) in the definition of “eligible former permanent humanitarian visa holder” in subclause 1(1) of Schedule 1 to the Act.

The effect of the Determination is that holders of the specified classes or subclasses of visas will meet the definition of “eligible former permanent humanitarian visa holder” in subclause 1(1) of Schedule 1 to the Act where they also satisfy paragraphs (a) and (b) of that definition (which they will satisfy where they were previously, but not currently, permanent humanitarian visa holders). In turn, eligible former permanent humanitarian visa holders will be able to meet the citizenship or residency requirements for HELP assistance eligibility.

 Source: Higher-Education-Support----TUDGE.pdf and Higher-Education-Support-Explanatory-Statement.pdf