Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 1.04A

Foreign Affairs recipients and Foreign Affairs students

  (1)   In this regulation:

"cease" , in relation to a full - time course of study or training, includes to complete, to withdraw from, or to be excluded from, that course.

"Foreign Affairs student visa" means a student visa granted to a person who, as an applicant:

  (a)   satisfied the primary criteria for the grant of the visa; and

  (b)   was a student in a full - time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister.

  (2)   A person is a Foreign Affairs recipient if:

  (a)   either:

  (i)   the person is the holder of a Foreign Affairs student visa and has ceased:

  (A)   the full - time course of study or training to which that visa relates; or

  (B)   another course approved by the Foreign inister or AusAID Minister in substitution for that course; or

  (ii)   if the person is not the holder of a Foreign Affairs student visa--the person has in the past been the holder of a Foreign Affairs student visa and has ceased:

  (A)   the full - time course of study or training to which the last Foreign Affairs student visa held by the person related; or

  (B)   another course approved by the Foreign inister or AusAID Minister in substitution for that course; and

  (b)   the person has not spent at least 2 years outside Australia since ceasing the course.

  (3)   A person is a Foreign Affairs student if:

  (a)   the person has been approved by the Foreign Minister or AusAID Minister to undertake a full - time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister; and

  (b)   the person is:

  (i)   the holder of a Foreign Affairs student visa granted in circumstances where the person intended to undertake the full - time course of study or training; or

  (ii)   an applicant for a student visa whose application shows an intention to undertake a full - time course of study or training; and

  (c)   in the case of a person mentioned in subparagraph   (b)(i)--the person has not ceased:

  (i)   the full - time course of study or training to which the visa relates; or

  (ii)   another course approved by the Foreign Minister or AusAID Minister in substitution for that course.


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