Australian Immigration Daily News

Summary of the Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024

Issued by: Authority of the Minister for Home Affairs and Minister for Cyber Security

Effective Date: 1 July 2024

Purpose: The Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024 introduces changes to the Migration Regulations 1994 to update the categories of substantive temporary visas that preclude a person from lodging a Student (Temporary) visa application while in Australia.

Key Changes:

1. Amendment of IMMI 16/016:

   • The instrument amends the existing Migration Regulations 1994 to specify additional categories of substantive temporary visas that prevent holders from making a valid application for a Subclass 500 (Student) or Subclass 590 (Student Guardian) visa in Australia.

2. Newly Specified Visa Subclasses:

   • Five additional substantive temporary visa subclasses are now included:
     • Subclass 485 (Temporary Graduate)
     • Subclass 601 (Electronic Travel Authority)
     • Subclass 602 (Medical Treatment)
     • Subclass 651 (eVisitor)
     • Subclass 988 (Maritime Crew)
   • All streams of the Subclass 600 (Visitor) visa are now specified, not just the Sponsored Family and Approved Destination Status streams.

3. Legislative Context:

   • The instrument is made under paragraph 1222(5)(c) of Schedule 1 to the Migration Regulations 1994.
   • It is a legislative instrument for the purposes of the Legislation Act 2003.

4. Consultation and Impact:

   • No external consultation was undertaken specifically for this instrument. However, the broader context of strengthening the student visa program has been supported by education providers.
   • The Office of Impact Analysis determined that a detailed impact analysis was not required.

5. Parliamentary Scrutiny:

   • The instrument is exempt from disallowance under section 42 of the Legislation Act due to its classification under the Migration Regulations.

Conclusion: This amendment instrument, effective from 1 July 2024, updates the categories of visas that preclude a person from lodging a Student (Temporary) visa application in Australia, reflecting the government's ongoing efforts to refine and strengthen the immigration framework.

For more details, refer to the full explanatory statement.

Source: LIN24051.pdf and LIN24051-Explanatory-Statement.pdf