Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Schedule 2, subclause 570.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[2] Schedule 2, before paragraph 570.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[3] Schedule 2, subclause 571.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[4] Schedule 2, before paragraph 571.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[5] Schedule 2, subclause 572.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[6] Schedule 2, before paragraph 572.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[7] Schedule 2, subclause 573.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[8] Schedule 2, before paragraph 573.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[9] Schedule 2, subclause 574.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[10] Schedule 2, before paragraph 574.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[11] Schedule 2, subclause 575.223 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[12] Schedule 2, before paragraph 575.326 (a)
insert
(aa) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
[13] Schedule 2, subclause 576.222 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(iv) any other relevant matter; and
(b) the applicant meets the requirements of subclause (2).
[14] Schedule 2, after clause 576.325
insert
576.325A The Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(a) the applicant's circumstances; and
(b) the applicant's immigration history; and
(c) if the applicant is a minor -- the intentions of a parent, legal guardian or spouse of the applicant; and
(d) any other relevant matter.
[15] Schedule 2, clause 580.111, after definition of first 12 months
insert
first 18 months , for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia -- on the day of the applicant's expected arrival in Australia; or
(ii) if the application is made in Australia -- on the day that the visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant's proposed stay in Australia.
[16] Schedule 2, clause 580.111, definition of first 36 months
omit
[17] Schedule 2, clause 580.112, definition of funds from an acceptable source , paragraph (a)
omit
6 months
insert
3 months
[18] Schedule 2, subclause 580.226 (1)
substitute
(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student guardian because:
(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant's circumstances; and
(ii) the applicant's immigration history; and
(iii) any other relevant matter; and
(b) the applicant meets the requirements of subclause (1A) or (1B).
[19] Schedule 2, paragraph 580.226 (4) (a)
omit
first 24 months
insert
first 18 months
[20] Schedule 2, paragraph 580.226 (3) (a)
omit
first 36 months
insert
first 24 months
[21] Schedule 5A, clause 5A101, after definition of first 12 months
insert
first 18 months , for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia -- on the day of the applicant's expected arrival in Australia; or
(ii) if the application is made in Australia -- on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant's proposed stay in Australia.
[22] Schedule 5A, clause 5A101, definition of first 36 months
omit
[23] Schedule 5A, clause 5A201
substitute
5A201 English language proficiency
The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.
[24] Schedule 5A, clause 5A204
substitute
5A204 English language proficiency
The applicant must have a level of English language proficiency that satisfies his or her proposed education provider.
[25] Schedule 5A, paragraph 5A205 (1) (a)
omit
first 36 months
insert
first 24 months
[26] Schedule 5A, paragraph 5A205 (1) (aa)
omit
first 36 months
insert
first 24 months
[27] Schedule 5A, subclause 5A205 (2), definition of funds from an acceptable source , paragraph (a)
omit
6 months
insert
3 months
[28] Schedule 5A, paragraph 5A208 (1) (a)
omit
first 24 months
insert
first 18 months
[29] Schedule 5A, paragraph 5A208 (1) (aa)
omit
first 24 months
insert
first 18 months
[30] Schedule 5A, paragraph 5A305 (1) (a)
omit
first 36 months
insert
first 24 months
[31] Schedule 5A, paragraph 5A305 (1) (b)
omit
first 36 months
insert
first 24 months
[32] Schedule 5A, subclause 5A305 (2), definition of funds from an acceptable source , paragraph (aa)
omit
6 months
insert
3 months
[33] Schedule 5A, paragraph 5A308 (1) (a)
omit
first 24 months
insert
first 18 months
[34] Schedule 5A, paragraph 5A308 (1) (aa)
omit
first 24 months
insert
first 18 months
[35] Schedule 5A, paragraph 5A405 (1) (a)
omit
first 36 months
insert
first 24 months
[36] Schedule 5A, paragraph 5A405 (1) (aa)
omit
first 36 months
insert
first 24 months
[37] Schedule 5A, subclause 5A405 (2), definition of funds from an acceptable source , paragraph (aa)
omit
6 months
insert
3 months
[38] Schedule 5A, paragraph 5A408 (1) (a)
omit
first 24 months
insert
first 18 months
[39] Schedule 5A, paragraph 5A408 (1) (aa)
omit
first 24 months
insert
first 18 months
[40] Schedule 5A, paragraph 5A505 (1) (a)
omit
first 36 months
insert
first 24 months
[41] Schedule 5A, paragraph 5A505 (1) (aa)
omit
first 36 months
insert
first 24 months
[42] Schedule 5A, subclause 5A505 (2), definition of funds from an acceptable source , paragraph (aa)
omit
6 months
insert
3 months
[43] Schedule 5A, paragraph 5A508 (1) (a)
omit
first 24 months
insert
first 18 months
[44] Schedule 5A, paragraph 5A508 (1) (aa)
omit
first 24 months
insert
first 18 months
[45] Schedule 5A, subclause 5A605 (2), definition of funds from an acceptable source , paragraph (aa)
omit
6 months
insert
3 months
[46] Schedule 5A, paragraph 5A705 (1) (a)
omit
first 36 months
insert
first 24 months
[47] Schedule 5A, paragraph 5A705 (1) (aa)
omit
first 36 months
insert
first 24 months
[48] Schedule 5A, subclause 5A705 (2), definition of funds from an acceptable source , paragraph (a)
omit
6 months
insert
3 months
[49] Schedule 5A, paragraph 5A708 (1) (a)
omit
first 24 months
insert
first 18 months
[50] Schedule 5A, paragraph 5A708 (1) (aa)
omit
first 24 months
insert
first 18 months
[51] Schedule 5B, clause 5B101, after definition of first 12 months
insert
first 18 months , for an applicant, means the period that:
(a) begins:
(i) if the application is made outside Australia -- on the day of the applicant's expected arrival in Australia; or
(ii) if the application is made in Australia -- on the day that the student visa is expected to be granted to the applicant; and
(b) ends on the earlier of the following:
(i) the day 18 months after the beginning of the period;
(ii) the last day of the applicant's proposed stay in Australia.
[52] Schedule 5B, clause 5B101, definition of first 36 months
omit
[53] Schedule 5B, paragraph 5B201 (2) (a)
omit
first 36 months
insert
first 24 months
[54] Schedule 5B, subclause 5B201 (3), definition of funds from an acceptable source , paragraph (a)
omit
6 months
insert
3 months
[55] Schedule 5B, subclause 5B202 (3), definition of funds from an acceptable source , paragraph (a)
omit
6 months
insert
3 months
[56] Schedule 5B, paragraph 5B301 (2) (a)
omit
first 24 months
insert
first 18 months
[57] Schedule 5B, paragraph 5B301 (2) (d)
omit
first 24 months
insert
first 18 months