Australian Immigration Daily News

The "Migration (Suspension Certificate Matters) Specification (LIN 24/034) 2024" Explanatory Statement, issued by the Minister for Home Affairs, outlines the legislative instrument made under subregulation 1.29(3) of the Migration Regulations 1994, commencing on 23 March 2024. This instrument supports the implementation of the Government's Migration Strategy announced on 11 December 2023 and the Migration Amendment (Suspending Education Providers) Regulations 2024 made on 14 March 2024, specifically designed to amend the Migration Regulations to incorporate regulation 1.29.

This regulation allows the Minister to consider a 'relevant score' for education providers when issuing an Immigration Minister’s certificate under section 97 of the Education Services for Overseas Students Act 2000 (ESOS Act).

The purpose of this instrument is to detail the method for calculating a 'relevant score' for registered providers, which factors in various aspects related to overseas students or intending overseas students and their adherence to visa requirements. This includes considerations such as the number of student visa applications, cancellations, refusals under Public Interest Criterion 4020, and instances of unlawful non-citizenship beyond 28 days. The instrument also specifies the frequency and timing of calculating this score, which will be done twice annually, and outlines the period for which a relevant score will have effect for a registered provider.

The Department of Home Affairs, along with various stakeholders including the Department of Education and the Department of Workplace Relations, were consulted in the development of this instrument as part of broader international student integrity reforms. The Office of Impact Analysis (OIA) has deemed the regulatory impact of this instrument to be minor.

This legislative instrument, exempt from disallowance under section 42 of the Legislation Act, does not require a Statement of Compatibility with Human Rights. It was made by the Minister for Home Affairs to facilitate the practical implementation of the relevant score mechanism as part of Australia's effort to ensure the integrity of the international education sector by regulating the activity of education providers in relation to overseas students.

Source: LIN24034.pdf and LIN24034-Explanatory-Statement.pdf