MIGRATION AMENDMENT REGULATIONS 2005 (NO. 9) (SLI NO 240 OF 2005) - SCHEDULE 10 Amendments relating to student visas

Commonwealth Numbered Regulations

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MIGRATION AMENDMENT REGULATIONS 2005 (NO. 9) (SLI NO 240 OF 2005) - SCHEDULE 10

Amendments relating to student visas

[1] Paragraph 5A204 (c)

substitute

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[2] Paragraph 5A404 (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[3] Paragraph 5A407 (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[4] Paragraph 5A504 (1) (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[5] Paragraph 5A506 (c)

substitute

(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and

(ii) has a certificate of enrolment in a foundation course that is to be undertaken in Australia before commencing the applicant’s principal course; or

(d) he or she:

(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and

(ii) has successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; or

(e) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in Australia; or

(f) he or she has a certificate of enrolment in a course that:

(i) leads to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; and

(ii) is to be undertaken in Australia before commencing the applicant’s principal course; or

(g) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that:

(i) is specified by the Minister in a Gazette Notice for this subparagraph; and

(ii) was conducted outside Australia.

[6] Paragraph 5A507 (1) (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[7] Paragraph 5A509 (c)

substitute

(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and

(ii) has a certificate of enrolment in a foundation course that is to be undertaken in Australia before commencing the applicant’s principal course; or

(d) he or she:

(i) has successfully completed secondary schooling to the year 11 level (or its equivalent); and

(ii) has successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; or

(e) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that was conducted in Australia; or

(f) he or she has a certificate of enrolment in a course that:

(i) leads to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; and

(ii) is to be undertaken in Australia before commencing the applicant’s principal course; or

(g) he or she has successfully completed a qualification from the Australian Qualifications Framework at the Certificate IV level or higher in a course that:

(i) is specified by the Minister in a Gazette Notice for this subparagraph; and

(ii) was conducted outside Australia.

[8] Paragraph 5A604 (2) (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[9] Paragraph 5A607 (2) (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[10] Paragraph 5A704 (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

[11] Paragraph 5A707 (d)

substitute

(d) the applicant had, less than 2 years before the date of the application:

(i) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that was conducted:

(A) in Australia; and

(B) in English; or

(ii) successfully completed the requirements for a Senior Secondary Certificate of Education, in a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(iii) as the holder of a student visa — successfully completed a substantial part of a course (other than a foundation course) that:

(A) was conducted in English; and

(B) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(iv) successfully completed a substantial part of a course that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

(D) was leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher; or

(v) successfully completed a foundation course that was conducted:

(A) in Australia; and

(B) in English; or

(vi) successfully completed a course in foundation studies that:

(A) is specified by the Minister in a Gazette Notice for this sub-subparagraph; and

(B) was conducted outside Australia; and

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