MIGRATION REGULATIONS (AMENDMENT) 1991 No. 18 - REG 26. PART 3 (Prescribed criteria for classes of visas and entry permits)

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MIGRATION REGULATIONS (AMENDMENT) 1991 No. 18 - REG 26.

PART 3 (Prescribed criteria for classes of visas and entry permits) 26.1
After Division 2, insert:
" Division 2A—Additional criteria for student visas and entry permits
Student (category A) visa
"98B. (1)   The additional criteria for a student (category A) visa are that, when a decision on the application for the visa is made:
(a) the applicant produces to the Minister evidence of enrolment to undertake a full-time course of study:
(i) approved as a category A course by the Minister for Employment, Education and Training; or
(ii) that is a prerequisite for undertaking a category A course so approved, and produces to the Minister evidence of provisional enrolment to undertake that category A course; or
(iii) as an exchange student; or
(iv) as a student approved by AIDAB; or
(v) as an EMSS student; or
(vi) as a private subsidised student, with the the approval of the Minister for Employment, Education and Training; or
(vii) being a course of study:
(A) that the applicant commenced to undertake before 1 February 1991; and
(B) that the applicant is undertaking; and
(C) in relation to which the applicant was granted a student (formal course) visa or entry permit; and
(b) the applicant produces to the Minister evidence that the Minister for Employment, Education and Training, or AIDAB, has approved the enrolment of the applicant in the course; and
(c) the Minister is satisified that:
(i) the applicant is a genuine applicant for entry as a student: and
(ii) the applicant will have adequate means of support during the period of validity of the visa or entry permit; and
(d) if the applicant is not an assisted student, the applicant produces to the Minister:
(i) evidence of payment of tuition fees for the initial semester or period of study; or
(ii) if the applicant proposes to undertake a category A course and a course that is a prerequisite for that course, evidence of payment of the fees for the prerequisite course; and
(e) the applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of validity of the visa or entry permit.
"(2)   Where subregulation (1) does not apply, the additional criteria for a student (category A) visa are that, when a decision on the application for the visa is made:
(a) the applicant is a member of the family unit of:
(i) the holder of a student (category A) visa or equivalent entry permit; or
(ii) the holder of:
(A) a student (formal course); or
(B) a student (AIDAB); or
(C) a student (EMSS); or
(D) a private subsidised student;
visa or entry permit; and
(b) the applicant produces to the Minister evidence that the Minister for Employment, Education and Training, or AIDAB, supports the application for the visa; and
(c) the Minister is satisified that:
(i) the applicant genuinely seeks temporary entry as a member of that family unit; and
(ii) that holder will have adequate means to support the holder and the applicant during the period of validity of the visa or entry permit, having regard to any rights they may have to work in Australia during that period; and
(d) the applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of validity of the entry visa.
Conditions—student (category A) visa
"98C. (1)   A student (category A) visa granted to a person who is an applicant referred to in subregulation 98B (1) is granted subject to the following terminating conditions:
(a) that the person does not engage in work (other than in relation to his or her course of study) for more than 20 hours in any week during which the institution at which the person is studying is in session; and
(b) that the person satisfies course requirements.
"(2) In the following cases, a student (category A) visa granted to a person who is an applicant referred to in subregulation 98B (2) is granted subject to the terminating condition that the person does not engage after 14 March 1992 in work for more than 20 hours in any week during which the institution at which the person is studying is in session:
(a) if the application for the visa is lodged before 1 February 1991; or
(b) if:
(i) the application for the visa is lodged on or after 1 February 1991; and
(ii) the applicant is a member of the family unit of a person:
(A) who is an assisted student; or
(B) who is the holder of a student (formal course), or a student (category A), visa or entry permit;
who commenced to undertake his or her course before 1 February 1991 and is undertaking the course.
"(3) In the following case, a student (category A) visa granted to a person who is an applicant referred to in subregulation 98B (2) is granted subject to the terminating condition that the person does not engage in work for more than 20 hours in any week during which the institution at which the person is studying is in session, namely, if:
(a) the application for the visa is lodged on or after 1 February 1991; and
(b) the applicant is a member of the family unit of a person:
(i) who is an assisted student; or
(ii) who is the holder of a student (formal course), or a student (category A), visa or entry permit;
who commenced to undertake his or her course on or after 1 February 1991.
(4) A student (category A) visa is subject to:
(a) the terminating condition that the applicant can produce to the Minister evidence of adequate arrangements for health insurance during the period of validity of the visa or entry permit; and
(b) the condition referred to in paragraph 23 (4) (a) of the Act.
Student (category B) visa
"98D. (1)   The additional criteria for a student (category B) visa are that, when a decision on the application for the visa is made:
(a) the applicant produces to the Minister evidence of enrolment to undertake a full-time course of study:
(i) approved as a category B course by the Minister for Employment, Education and Training; or
(ii) that:
(A) comprises a unit or units of a category A course approved under subparagraph 98B (1)(a) (i); but
(B) does not lead to the grant of an award in Australia; or
(iii) that is a prerequisite for undertaking a category B course approved under subparagraph (a) (i) and produces to the Minister evidence of provisional enrolment to undertake that category B course; or
(iv) that is a non-formal course or an English language course:
(A) that the applicant commenced to undertake before 1 February 1991 and is undertaking; and
(B) in relation to which the applicant was granted a trainee (non formal), trainee (English language) or student (restricted) visa or entry permit; and
(C) in relation to which the applicant is not an assisted student; and
(b) the applicant produces to the Minister evidence that the Minister for Employment, Education and Training, or AIDAB, has approved the enrolment of the applicant in the course; and
(c) the Minister is satisfied that the applicant is a genuine applicant for entry as a student; and
(d) the applicant produces to the Minister:
(i) evidence of payment of fees for the initial semester or period of study; or
(ii) if the applicant is required to undertake a course that is a prerequisite for a category B course approved under subparagraph (a) (i), evidence of payment of the fees for the prerequisite course; and
(e) the applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of validity of the visa or entry permit.
"(2) For the purposes of paragraph (1) (c), the Minister may have 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 regulation 98F, to the applicant's comprehension of the English language for the purposes of the course; and
(c) any other relevant matter.
"(3)   Where subregulation (1) does not apply, the additional criteria for a student (category B) visa are that, when a decision on the application for the visa is made:
(a) the applicant is a member of the family unit of:
(i) the holder of:
(A) a student (category B) visa or equivalent entry permit; or
(B) a trainee (English language), or trainee (non-formal course), visa or entry permit;
who:
(C) is a citizen of a country specified by the Minister by notice in the Gazette as a country to which this paragraph applies; or
(D) is undertaking a course of study paid for, wholly or in part, by the government of his or her home country or by an inter-governmental agency; or
(ii) the holder of:
(A) a student (category B) visa or equivalent entry permit; or
(B) a trainee (English language), or trainee (non-formal course), visa or entry permit;
who:
(C) is not a citizen of a country specified by the Minister by notice in the Gazette as a country to which this paragraph applies; and
(D) is not undertaking a course of study paid for, wholly or in part, by the government of his or her home country or by an inter-governmental agency; and
who:
(E) has been granted a visa or entry permit in relation to a course of a duration of 12 months or more; or
(F) has been lawfully in Australia for 12 months or more; or
(G) is a non-formal course, or category B, student who was enrolled in a college which ceased teaching operations; and
(b) the applicant produces to the Minister evidence that the Minister for Employment, Education and Training, or AIDAB, supports the application; and
(c) the Minister is satisified that:
(i) the applicant genuinely seeks temporary entry as a member of that family unit; and
(ii) the holder will have adequate means to support the holder and the applicant during the period of validity of the visa or entry permit, having regard to any rights they may have to work in Australia during that period; and
(d) the applicant produces to the Minister evidence of adequate arrangements in Australia for health insurance during the period of validity of the entry visa.
Conditions-student (category B) visa
"98E. (1)  A student (category B) visa granted to a person who is an applicant referred to in subregulation 98D (1) is granted subject to the following terminating conditions:
(a) namely:
(i) if at the time of the application for the visa the person holds a student (restricted) visa or entry permit, that the person does not engage in work (other than in relation to his or her course of study) without the approval in writing of the Secretary; or
(ii) in any other case, that the person does not engage in work (other than in relation to his or her course of study) for more than 20 hours in any week during which the institution at which the person is studying is in session; and
(b) that the person satisfies course requirements.
"(2) In the following cases, a student (category B) visa granted to an applicant because the applicant satisifies the criteria referred to in subparagraph 98D (3) (a) (i) and paragraphs 98 (3) (b), (c) and (d) is granted subject to the terminating condition that the applicant does not engage after 14 March 1992 in work for more than 20 hours in any week:
(a) if the application for the visa is lodged before 1 February 1991; or
(b) if:
(i) the application for the visa is lodged on or after 1 February 1991; and
(ii) the applicant is a member of the family unit of the holder of a student visa or entry permit who:
(A) commenced to undertake his or her course before 1 February 1991; and
(B) is undertaking that course.
"(3) In the following cases, a student (category B) visa granted to an applicant because the applicant satisifies the criteria referred to in subparagraph 98D (3) (a) (ii) and paragraphs 98 (3) (b), (c) and (d) is granted subject to the terminating condition that the applicant does not engage after 14 March 1992 in work without the approval in writing of the Secretary:
(a) if the application for the visa is lodged before 1 February 1991; or
(b) if:
(i) the application for the visa is lodged on or after 1 February 1991; and
(ii) the applicant is a member of the family unit of the holder of a student visa or entry permit who:
(A) commenced to undertake his or her course before 1 February 1991; and
(B) is undertaking that course.
"(4) In the following case, a student (category B) visa granted to an applicant because the applicant satisifies the criteria referred to in subparagraph 98D (3) (a) (i) and paragraphs 98 (3) (b), (c) and (d) is granted subject to the terminating condition that the applicant does not engage after 14 March 1992 in work for more than 20 hours in any week, namely, if:
(a) the application for the visa is lodged on or after 1 February 1991; and
(b) the applicant is a member of the family unit of the holder of a student visa or entry permit who:
(i) commenced to undertake his or her course on or after 1 February 1991; and
(ii) is undertaking that course.
"(5) In the following case, a student (category B) visa granted to an applicant because the applicant satisifies the criteria referred to in subparagraph 98D (3) (a) (ii) and paragraphs 98D (3) (b), (c) and (d) is granted subject to the terminating condition that the applicant does not engage in work without the approval in writing of the Secretary, namely, if:
(a) the application for the visa is lodged on or after 1 February 1991; and
(b) the applicant is a member of the family unit of the holder of a student visa or entry permit who commenced to undertake his or her course on or after 1 February 1991.
"(6) A student (category B) visa is subject to:
(a) the terminating condition that the applicant can produce to the Minister evidence of adequate arrangements in Australia for health insurance during the period of validity of the visa or entry permit; and
(b) the condition referred to in paragraph 23 (4) (a) of the Act.
English language test
"98F. (1)  If, under paragraph 98D (2) (b), 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 the Department.
"(2) 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 applied for.".

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