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Migration Amendment (Postgraduate Research in Critical Technology-Student Visa Conditions) Regulations 2022

Overview of the Disallowable Legislative Instrument 

This Disallowable Legislative Instrument, the Migration Amendment (Postgraduate Research in Critical Technology – Student Visa Conditions) Regulations 2022 (the Amendment Regulations), also commences on 1 July 2022 and repeals the student visa conditions that were introduced by the PACT Regulations, replacing them with a revised, more clearly targeted visa condition that will be imposed on all student visas.

Instead of a requirement for all student visa holders to seek approval before changing their course or aspects of their study, the Amendment Regulations establish a new visa condition (condition 8208) which is better targeted to address the risks of unwanted transfer of critical technology in the postgraduate research sector.

This visa condition strikes an appropriate balance between the need to safeguard against the risk of unwanted transfer of critical technology, and the important contribution that international students make to Australia’s postgraduate research sector. Visa condition 8208 will require student visa holders who intend to undertake critical technology related study in a postgraduate research course to obtain approval by the Minister (or delegate) to do so. Student visa holders who intend to undertake any other course of study, or a postgraduate course of study not relating to critical technology, are not affected by visa condition 8208.

Where an affected student visa holder seeks the Minister’s approval to undertake critical technology related study, the Minister’s decision would follow an assessment of the risk of an unwanted transfer of critical technology by the visa holder. This visa condition will apply to student visas granted where the associated visa application is made on or after 1 July 2022.

Source: Migration-Amendment-Postgad-research-in-critical-tech----student-visa-conditions-regs-2022.pdf and 

Migration-Amendment-Postgad-research-in-critical-tech----student-visa-conditions-regs-2022-EXPLANATORY-STATEMENT.pdf

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  • Guest
    Paul OConnor Thursday, 30 June 2022

    If student visa applicants are restricted in their GTE (direction 69) to not mentioning anything about applying onshore for any visa this indicates the government has an interest in keeping students in Australia and negates the GTE requirement.

    Does this mean they will be free to state their intention to apply for another visa to remain in Australia on completion of their course?
    The involvement of the Government in this condition and transfers indicates the Government's intention to keep these people.

    It will be interesting to see how the visa processing pans out and how many refusals or not will eventuate after this for applicants in these fields

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