Skip to content

Departmental Information

Amendments to reinstate certain time of decision Student visa criteria

Commencement: 19 April 2010

Client summary

From 19 April 2010, the Migration Regulations 1994 ('the Regulations') are amended to ensure that certain time of decision criteria are reinstated in the Regulations. These criteria are in relation to whether an applicant is a genuine applicant for entry and stay as a student and that the applicant will have access to the funds demonstrated or declared in accordance with certain requirements. The amendments apply to the following visa subclasses:

  • Subclass 571 (Schools Sector);
  • Subclass 572 (Vocational Education and Training Sector);
  • Subclass 573 (Higher Education Sector); and
  • Subclass 574 (Postgraduate Research Sector).

Affected legislation

The following provisions of the Regulations are amended:

  • Schedule 2, paragraph 571.223(2)(a) is amended
  • Schedule 2, paragraph 572.223(2)(a) is amended
  • Schedule 2, paragraph 573.223(2)(a) is amended
  • Schedule 2, paragraph 574.223(2)(a) is amended.

Additional information

The amendments provide that to meet the relevant criteria:

  • an applicant for a student visa must provide the Minister with evidence that they are able to satisfy the evidentiary requirements specified in Schedule 5A at the highest assessment level in relation to the selected course of study relevant to the applicant; and
  • the Minister must be satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard to the stated intention of the applicant to comply with any conditions to which the visa is granted and any other relevant matter; and
  • the Minister must be satisfied that the applicant has access to the funds declared under Schedule 5A of the Principal Regulations and that the funds which are demonstrated or declared for the financial capacity requirement will be available to the visa applicant while they hold a student visa before granting the visa.

Transitional provisions

The amendments apply to applications for a visa made on or after 27 March 2010, but not finally determined (within the meaning of subsection 5(9) of the Act) before 19 April 2010; or applications made on or after 19 April 2010.

Forms

Nil.

Instructions

PAM3 will reflect these changes.