Commonwealth Numbered Regulations

1993 No. 309 MIGRATION (1993) REGULATIONS (AMENDMENT) - REG 9

9.1 After clause 560.321, insert:

"560.322 The applicant is not a citizen of Iran who seeks to enter Australia
to undertake a full-time course of study in Australia (in this clause called
'the current course') that is:

   (a)  a course of study for a master's degree or a doctorate in Australia;
        or

   (b)  a graduate diploma or graduate certificate course or any other
        bridging course required as a prerequisite course to a course of study
        or research for a master's degree or a doctorate in Australia; or

   (c)  an English language course or other prerequisite course for
        undertaking a course mentioned in paragraph (a) or (b) in Australia;
        unless the applicant has previously entered Australia as the holder of
        a Class 562 visa:

   (d)  for the purpose of undertaking the current course; or

   (e)  if the current course is a course mentioned in paragraph (a), for the
        purpose of undertaking a prerequisite course mentioned in paragraph
        (b) or (c) undertaken in preparation for undertaking the current
        course; or

   (f)  if the current course is a prerequisite course mentioned in paragraph
        (b), for the purpose of undertaking a prerequisite course mentioned in
        paragraph (c) undertaken in preparation for undertaking the current
        course.".
9.2 Clause 560.331: Omit the clause, substitute:

"560.331 The applicant continues to satisfy the criteria specified in clauses
560.321 and 560.322.".
9.3 Subclause 560.341(1): Omit the subclause, substitute:

"(1) Mandatory conditions:

   (a)  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to
        subclause (2)) 9110; and

   (b)  if the applicant is a citizen of Iran: 9232.".
9.4 Division 560.4 note: After "entry permit" (first occurring), insert "or a
Class 562 (Iranian postgraduate student) entry permit".
9.5 Paragraph 560.421(2)(a): After "entry permit" (first occurring), insert
"or a Class 562 (Iranian postgraduate student) entry permit".
9.6 Subclause 560.441(1): Omit the subclause, substitute:

"(1) Mandatory conditions:

   (a)  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to
        subclause (2)) 9110; and

   (b)  if the applicant is a citizen of Iran: 9232.".
9.7 Paragraph 560.721(2)(b): Omit "at any time after 1 January 1990 but".
9.8 Paragraph 560.721(2)(c): Omit "before 1 June 1993", substitute "within 12
months after the expiry of the entry permit mentioned in paragraph (a).".
9.9 Subparagraph 560.732(a)(i): After "entry permit", insert ", or the holder
of a Class 562 entry permit".
9.10 Subparagraph 560.732(b)(i): After "entry permit", insert ", or the holder
of a Class 562 entry permit".
9.11 Paragraph 560.732(c): Omit the paragraph, substitute:

"(c) the applicant:

        (i)    satisfies the criteria for the grant, before entry, to a
               primary person of a Class 560 visa, other than the criterion
               specified in clause 560.322; and

        (ii)   is not a student's dependant (within the meaning of subclause
               (2)) who was, immediately before becoming a student's
               dependant:

                (A)  the holder, as a primary person, of a Class 560 or 561
                     entry permit; or

                (B)  the holder of a Class 562 entry permit; or

                (C)  the holder of a Group 2.1 (temporary resident) entry
                     permit; or

                (D)  the holder of a Group 2.3 (visitor) entry permit; or

                (E)  the holder of a Group 2.4 (visitor (short stay)) entry
                     permit.".
9.12 Clause 560.732: Add at the end:

"(2) For the purposes of subparagraph (1)(c)(ii), a person is a student's
dependant if the person is:

   (a)  the holder, as a secondary person, of a Class 560 or 561 entry permit;
        or

   (b)  the holder of a Class 563 entry permit.".
9.13 Subclause 560.741(1): After paragraph (a), insert

"(aa) if the applicant is a citizen of Iran: 9232; and".
9.14 After clause 561.321, insert:

"561.322 The applicant is not a citizen of Iran who seeks to enter Australia
to undertake a full-time course of study in Australia (in this clause called

"the current course") that is:

   (a)  a course of study for a master's degree or a doctorate in Australia;
        or

   (b)  a graduate diploma or graduate certificate course or any other
        bridging course required as a prerequisite course to a course of study
        or research for a master's degree or a doctorate in Australia; or

   (c)  an English language course or other prerequisite course for
        undertaking a course mentioned in paragraph (a) or (b) in Australia;
        unless the applicant has previously entered Australia as the holder of
        a Class 562 visa:

   (d)  for the purpose of undertaking the current course; or

   (e)  if the current course is a course mentioned in paragraph (a), for the
        purpose of undertaking a prerequisite course mentioned in paragraph
        (b) or (c) undertaken in preparation for undertaking
        the current course; or

   (f)  if the current course is a prerequisite course mentioned in paragraph
        (b), for the purpose of undertaking a prerequisite course mentioned in
        paragraph (c) undertaken in preparation for undertaking
        the current course.".
9.15 Clause 561.331: Omit the clause, substitute:

"561.331 The applicant continues to satisfy the criteria specified in clauses
561.321 and 561.322.".
9.16 Subclause 561.341(1): Omit the subclause, substitute:

"(1) Mandatory conditions:

   (a)  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to
        subclause (2)) 9110; and

   (b)  if the applicant is a citizen of Iran: 9232.".
9.17 Subclause 561.441(1): Omit the subclause, substitute:

"(1) Mandatory conditions:

   (a)  in all cases: 9105, 9107, 9109, 9201 and 9202, and (subject to
        subclause (2)) 9110; and

   (b)  if the applicant is a citizen of Iran: 9232.".
9.18 Paragraph 561.721(2)(b): Omit "at any time after 1 January 1990 but".
9.19 Paragraph 561.721(2)(c): Omit "before 1 June 1993", substitute "within 12
months after the expiry of the entry permit mentioned in paragraph (a).".
9.20 Paragraph 561.731(b): After "visa", insert ", other than the criterion
specified in clause 561.322".
9.21 Paragraph 561.731(c): Omit the paragraph, substitute:

   (c)  is not a student's dependant (within the meaning of subclause (2)) who
        was, immediately before becoming a student's dependant:

        (i)    the holder, as a primary person, of a Class 560 or 561 entry
               permit; or

        (ii)   the holder of a Class 562 entry permit; or

        (iii)  the holder of a Group 2.1 (temporary resident) entry permit; or

        (iv)   the holder of a Group 2.3 (visitor) entry permit; or

        (v)    the holder of a Group 2.4 (visitor (short stay)) entry permit;
               and".
9.22 Clause 561.731: Add at the end:

"(2) For the purposes of paragraph (1)(c), a person is a student's dependant
if the person is:

   (a)  the holder, as a secondary person, of a Class 560 or 561 entry permit;
        or

   (b)  the holder of a Class 563 entry permit.".
9.23 Subclause 561.741(1): Omit the subclause, substitute:

"(1) Mandatory conditions:

   (a)  in all cases: 9105, 9107, 9109 and 9203, and (subject to subclause
        (2)) 9110; and

   (b)  if the applicant is a citizen of Iran: 9232.".
9.24 After Part 561, insert:
PART 562-CLASS 562 (IRANIAN POSTGRADUATE STUDENT) VISA
AND ENTRY PERMIT (PRIMARY PERSON) 562.1 INTRODUCTION
562.11 Group: 2.2 (student).
562.12 Purpose of grant: To authorise travel to, and temporary residence in,
Australia by Iranian nationals who wish to undertake as a main course of study
in Australia certain postgraduate studies or bridging courses leading to
postgraduate study. (NOTE: In relation to Class 562 visas and entry permits,
all applicants are primary persons.)
562.2 IRANIAN POSTGRADUATE STUDENT VISA-PRELIMINARY
562.21 When and where may application and grant be made?
562.211 A Class 562 visa may be:

   (a)  applied for and granted before entry, but not at the Entry Control
        Point; and

   (b)  granted either as a travel-only visa or as an entry visa.
562.22 Validity (visa)
562.221 Journey(s) to Australia: As determined by the Minister in the
particular case.
562.222 Time limits for use: As determined by the Minister in the particular
case.
562.223 Operation as an entry permit (entry visa only): As per clause 562.522.
562.3 IRANIAN POSTGRADUATE STUDENT VISA (BEFORE ENTRY) (NOTE: The purpose of
the grant of a Class 562 visa before entry is, first, to authorise travel to
Australia and, second, to authorise entry to Australia (entry visa) or to
serve on arrival as an application for a Class 562 entry permit (travel-only
visa).)
562.31 Application (visa-before entry)
562.311 The application must be made in accordance with approved form 157W.
(NOTE: Before an application will be considered, it must be lodged in
accordance with regulation 2.13 and the fee (if any) specified in clause
562.811 must be paid (Act, subsection 24(1)).)
562.32 Criteria to be satisfied at time of application (visa-before entry)
562.321 The applicant does not intend to become a permanent resident of
Australia.
562.322 The applicant is a citizen of Iran.
562.33 Criteria to be satisfied at time of decision (visa-before entry)
562.331 The applicant continues to satisfy the criteria specified in clauses
562.321 and 562.322.
562.332 The applicant produces to the Minister evidence of enrolment to
undertake a full-time course of study in Australia that is:

   (a)  a course of study for a master's degree or a doctorate in Australia;
        or

   (b)  a graduate diploma or graduate certificate course or any other
        bridging course required as a prerequisite course to a course of study
        or research for a master's degree or a doctorate in Australia; or

   (c)  an English language course or other prerequisite course for
        undertaking a course mentioned in paragraph (a) or (b) in Australia.
562.333 If the applicant is an assisted student, the applicant produces to the
Minister evidence that the Education Minister, or AIDAB, supports the
enrolment of the applicant in the course.
562.334 (1) The Minister is satisfied that the applicant is a genuine
applicant for entry as a student, having regard:

   (a)  to the financial ability of the applicant to undertake the course
        without contravening any terminating condition relating to the work
        that the applicant may engage in; and

   (b)  subject to subclauses (2) and (3), to the applicant's comprehension of
        the English language for the purposes of the course; and

   (c)  to any other relevant matter.

(2) If the Minister has regard to the applicant's comprehension of the English
language for the purposes of the applicant's course, the Minister may require
the applicant to undertake an English language test that is conducted by an
agency other than Immigration.

(3) If the applicant is required to undertake a test and does not undertake
it, or does not pass it, the Minister must not grant the visa.
562.335 The applicant:

   (a)  satisfies public interest criteria 4001 to 4005; and

   (b)  if the applicant seeks to stay in Australia for 12 months or more,
        satisfies public interest criterion 4010; and

   (c)  if the applicant has previously been in Australia, satisfies special
        re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010.
562.336 If so requested by the Minister, an assurance of support in relation
to the applicant has been given, and has been accepted by the Minister.
562.337 The applicant produces to the Minister evidence of adequate
arrangements in Australia for health insurance during the period of the
applicant's intended stay in Australia.
562.338 Approval of the application would not result in the number of Class
562 visas granted in a financial year exceeding the number of Class 562 visas
specified, by Gazette Notice, for the purposes of this clause in respect of
that financial year.
562.34 Conditions (visa-before entry)
562.341 Mandatory conditions: 9105, 9107, 9109, 9110, 9201, 9202 and 9231.
(NOTE: 1. Conditions 9105, 9107, 9109 and 9110 are terminating conditions: see
regulation 2.23.
2. Conditions 9201 and 9202 prevent the holder of a class 562 visa or
resultant entry permit from obtaining permanent residence in Australia without
first obtaining a section 47 temporary entry permit.)
562.342 Discretionary conditions: Any other applicable conditions set out in
Schedule 9.
562.4 (Iranian postgraduate student visa not granted after entry)
562.5 IRANIAN POSTGRADUATE STUDENT ENTRY PERMIT-PRELIMINARY
562.51 When and where may application and grant be made?
562.511 A Class 562 entry permit may be applied for, and granted to a person
at the Entry Control Point before entry, if the person is the holder of a
Class 562 visa that was granted as a travel-only visa.
562.52 Period of validity (entry permit)
562.521 Entry permit granted at Entry Control Point: A finite period from
grant as determined by the Minister in the particular case.
562.522 Entry visa operating as an entry permit: A finite period from latest
entry as determined by the Minister in the particular case.
562.6 IRANIAN POSTGRADUATE STUDENT ENTRY PERMIT (BEFORE ENTRY) As provided by
regulation 2.30.
562.7 (Iranian postgraduate student entry permit not granted after entry)
562.8 FEES
562.81 Visa applications

(1) Application before entry (only):

   (a)  application that meets the requirements of subclause (2): Nil;

   (b)  any other application: $130.

(2) An application meets the requirements of this subclause if the applicant
is:

   (a)  an assisted student; or

   (b)  a student approved under an overseas students training scheme approved
        by the Commonwealth.
562.82 Entry permit applications
562.821 Before entry (only): Nil
PART 563-CLASS 563 (IRANIAN POSTGRADUATE STUDENT

                (DEPENDANT) ) VISA AND ENTRY PERMIT
CLASS 563-(IRANIAN POSTGRADUATE STUDENT
(PRIMARY PERSON)
563.1 INTRODUCTION
563.11 Group: 2.2 (student)
563.12 Purpose of grant: To authorise travel to, and temporary residence in,
Australia by certain members of the family units of persons who are holders of
Class 562 (Iranian postgraduate student) visas or entry permits. (NOTE: In
relation to Class 563 visas and entry permits, all applicants are primary
persons.)
563.13 Interpretation
563.131 In this part:

"principal person", in relation to an applicant for a Class 563 visa or entry
permit, means the person upon whose application for, or holding of, a Class
562 (Iranian postgraduate student) visa or entry permit, the applicant's
application for the Class 563 visa depends.
563.2 IRANIAN POSTGRADUATE STUDENT (DEPENDANT) VISA-PRELIMINARY
563.21 When and where may application and grant be made?
563.211 A Class 563 visa may be:

   (a)  applied for and granted either before or after entry, but not at the
        Entry Control Point; and

   (b)  granted either as a travel-only visa or as an entry visa.
563.22 Validity (visa)
563.221 Journey(s) to Australia: As determined by the Minister in the
particular case.
563.222 Time limits for use: As determined by the Minister in the particular
case.
563.223 Operation as an entry permit (entry visa only): As per clause 563.522.
563.3 IRANIAN POSTGRADUATE STUDENT (DEPENDANT) VISA (BEFORE ENTRY) (NOTE: The
purpose of the grant of a Class 563 visa before entry is, first, to authorise
travel to Australia and, second, to authorise entry to Australia (entry visa)
or to serve on arrival as an application for a Class 563 entry permit
(travel-only visa).)
563.31 Application (visa-before entry)
563.311 (1) Subject to subclause (2), an application by a person for a Class
563 visa must be in accordance with approved form 157W.

(2) An application by a person for a Class 563 visa may be combined with, and
lodged at the same time as:

   (a)  an application for a Class 562 (Iranian postgraduate student) visa by
        the principal person; or

   (b)  an application for a Class 563 visa by another person if the principal
        person in relation to that person is also the principal person in
        relation to the first mentioned person. (NOTE: Before an application
        will be considered, it must be lodged in accordance with regulation
        2.13 and the fee (if any) specified in clause 563.811 must be paid
        (Act, subsection 24(1)).)
563.32 Criteria to be satisfied at time of application (visa-before entry)
563.321 The applicant is a member of the family unit of a person who is the
holder of, or an applicant for, a Class 562 (Iranian postgraduate student)
visa or entry permit.
563.322 If the application is made separately from that of the principal
person:

   (a)  the principal person is, or is expected soon to be, in Australia; and

   (b)  the applicant intends to stay temporarily in Australia as a member of
        the principal person's family unit.
563.323 The applicant does not intend to become a permanent resident of
Australia.
563.33 Criteria to be satisfied at time of decision (visa-before entry)
563.331 The person referred to in clause 563.321 is the holder of a Class 562
(Iranian postgraduate student) visa or entry permit.
563.332 The applicant:

   (a)  satisfies public interest criteria 4001 to 4005; and

   (b)  if the applicant seeks to stay in Australia for 12 months or more,
        satisfies public interest criterion 4010; and

   (c)  if the applicant has previously been in Australia, satisfies special
        re-entry criteria 5001, 5003, 5005, 5007, 5009 and 5010.
563.335 If so requested by the Minister, an assurance of support in relation
to the applicant has been given, and has been accepted by the Minister.
563.336 If the Class 562 visa or entry permit holder referred to in clause
563.331 is sponsored by AIDAB, the applicant produces to the Minister evidence
that AIDAB supports the application for the visa.
563.337 The Minister is satisfied that:

   (a)  the applicant genuinely seeks temporary entry as a member of the
        family unit of the principal person; and

   (b)  the principal person will have adequate means to support himself or
        herself and the applicant during the period of the applicant's
        intended stay in Australia, having regard to any rights they may have
        to work in Australia during that period.
563.338 If the applicant is a school-age dependant of the principal person and
the period of stay proposed in the application is more than 3 months, the
applicant produces to the Minister evidence that adequate arrangements have
been made for the education of the applicant in Australia.
563.339 The applicant produces to the Minister evidence of adequate
arrangements in Australia for health insurance during the period of the
applicant's intended stay in Australia.
563.34 Conditions (visa-before entry)
563.341 (1) Mandatory conditions:

   (a)  in all cases: 9109, 9201, 9202 and 9232, and (subject to subclause
        (2)), 9111; and

   (b)  if the principal person is not enrolled in a course of study or
        research for a master's degree or a doctorate: 9104.

(2) Condition 9111 does not apply to a visa granted to an applicant who has
turned 19. (NOTE: 1. Conditions 9104, 9109 and 9111 are terminating
conditions: see regulation 2.23.
2. Conditions 9201 and 9202 prevent the holder of a class 563 visa or
resultant entry permit from obtaining permanent residence in Australia without
first obtaining a section 47 temporary entry permit.)
563.342 Discretionary conditions: Any other applicable conditions set out in
Schedule 9.
563.4 IRANIAN POSTGRADUATE STUDENT (DEPENDANT) VISA (AFTER ENTRY) (NOTE: The
purpose of the grant of a Class 563 visa after entry is to authorise, before
departure, the holder of a Class 563 entry permit to return to Australia
within the period of validity of the entry permit.)
563.41 Application (visa-after entry)
563.411 An application for a Class 563 visa after entry must be made in
accordance with approved form 43. (NOTE: Before an application will be
considered, it must be lodged in accordance with regulation 2.13 and the fee
(if any) specified in clause 562.812 must be paid (Act, subsection 24(1)).)
563.42 Criteria to be satisfied at time of application (visa-after entry)
563.421 The applicant:

   (a)  is the holder of a Class 563 entry permit that:

        (i)    is not subject to the condition that the holder will not be
               granted a further entry permit while the holder remains in
               Australia; and

        (ii)   was granted for a period ending on or after the day by which,
               according to the application, the applicant intends next to
               enter Australia; and

   (b)  has complied substantially to the conditions to which that entry
        permit is subject.
563.422 The applicant is a member of the family unit of a person who is the
holder of a Class 562 (Iranian postgraduate student) visa or entry permit.
563.43 Criteria to be satisfied at time of decision (visa-after entry)
563.431 The applicant continues to satisfy the criterion specified in clause
563.422.
563.432 The Minister is satisfied that it would be reasonable to grant the
visa.
563.44 Conditions (visa-after entry)
563.441 (1) Mandatory conditions:

   (a)  in all cases: 9109, 9201, 9202 and 9232, and (subject to subclause
        (2)), 9111; and

   (b)  if the principal person is not enrolled in a course of study or
        research for a master's degree or a doctorate: 9104.

(2) Condition 9111 does not apply to a visa granted to an applicant who has
turned 19. (NOTE: 1. Conditions 9104, 9109 and 9111 are terminating
conditions: see regulation 2.23.
2. Conditions 9201 and 9202 prevent the holder of a class 563 visa or
resultant entry permit from obtaining permanent residence in Australia without
first obtaining a section 47 temporary entry permit.)
563.442 Discretionary conditions: Any other applicable conditions set out in
Schedule 9.
563.5 IRANIAN POSTGRADUATE STUDENT (DEPENDANT) ENTRY PERMIT-PRELIMINARY
563.51 When and where may application and grant be made?
563.511 A Class 563 entry permit may be applied for, and granted to, a person
either:

   (a)  at the Entry Control Point before entry, if the person is the holder
        of a Class 563 visa that was granted as a travel-only visa; or

   (b)  after entry.
563.52 Period of validity (entry permit)
563.521 A Class 563 entry permit has effect, subject to the Act and these
Regulations, until such date, or the end of such period after the grant of the
entry permit, as is specified in the entry permit.
563.6 IRANIAN POSTGRADUATE STUDENT (DEPENDANT) ENTRY PERMIT (BEFORE ENTRY) As
provided by regulation 2.30.
563.7 IRANIAN POSTGRADUATE STUDENT (DEPENDANT) ENTRY PERMIT (AFTER ENTRY)
(NOTE: The purpose of the grant of a Class 563 entry permit after entry is to
authorise a further period of stay in Australia for the holder of a Class 563
entry permit (or for a person who is otherwise eligible).)
563.71 Application (entry permit-after entry)
563.711 An application for a Class 563 entry permit must be made in accordance
with form 2. (NOTE: Before an application will be considered, it must be
lodged in accordance with regulation 2.8 and the fee (if any) specified in
clause 563.822 must be paid (Act, subsection 34(1)).)
563.72 Criteria to be satisfied at time of application (entry permit-after
entry)
563.721 The applicant is a member of the family unit of a person who is the
holder of a Class 562 (Iranian postgraduate student) visa or entry permit.
563.722 The applicant has complied substantially with the conditions to which
any entry permit or visa held by the applicant is subject.
563.723 The applicant seeks the entry permit to remain in Australia
temporarily and does not intend to become a permanent resident of Australia.
563.73 Criteria to be satisfied at time of decision (entry permit-after entry)
563.731 The applicant continues to satisfy the criterion specified in clause
563.721.
563.732 The applicant satisfies the criteria for the grant, before entry, of a
Class 563 visa.
563.733 The Minister is satisfied that the applicant intends to comply with
any conditions subject to which the entry permit is granted.
563.74 Conditions (entry permit-after entry)
563.741 (1) Mandatory conditions:

   (a)  in all cases: 9109, 9203 and 9232, and (subject to subclause (2)),
        9111; and

   (b)  if the principal person is not enrolled in a course of study or
        research for a master's degree or a doctorate: 9104.

(2) Condition 9111 does not apply to an entry permit granted to an applicant
who has turned 19. (NOTE: 1. Conditions 9104, 9109 and 9111 are terminating
conditions: see regulation 2.23.
2. Conditions 9201 and 9202 prevent the holder of a class 563 visa or
resultant entry permit from obtaining permanent residence in Australia without
first obtaining a section 47 temporary entry permit.)
563.742 Discretionary conditions: Any other applicable conditions set out in
Schedule 9.
563.8 FEES
563.81 Visa applications
563.811 Before entry:

   (a)  Separate application:

        (i)    if the principal person is either an assisted student or a
               student approved under an overseas students training scheme
               approved by the Commonwealth: Nil;

        (ii)   any other case: $130.

   (b)  Application combined with an application for a Class 562 (Iranian
        postgraduate student) visa on which the fee (if any) payable is paid:
        Nil.
563.812 After entry:

   (a)  if the principal person is either an assisted student or a student
        approved under an overseas students training scheme approved by the
        Commonwealth: Nil;

   (b)  any other case: $130.
563.82 Entry permit applications
563.821 Before entry: Nil.
563.822 After entry:

   (a)  if the principal person is either an assisted student or a student
        approved under an overseas students training scheme approved by the
        Commonwealth: Nil;

   (b)  any other case: $50.