Commonwealth Numbered Regulations

1990 No. 34 MIGRATION REGULATIONS (AMENDMENT) - REG 17

17. After regulation 123 of the Migration Regulations, the following
regulation is inserted: Holders of trainee (non-formal course), or trainee
(English language), entry permits-temporary provisions

"123A. (1) This regulation applies to the holder of:

   (a)  a trainee (English language); or

   (b)  a trainee (non-formal course); entry permit (in this regulation called
        the 'current entry permit') who applies for an entry permit referred
        to in subregulation (4), (5) or (6) (in this regulation called the
        'new entry permit').

"(2) The following criteria are specified in relation to all applications for
a new entry permit where the applicant is the holder of a current entry
permit:

   (a)  that the applicant has substantially complied with the conditions
        subject to which the applicant's current entry permit was granted; and

   (b)  that the Minister is satisfied that the applicant intends to comply
        with the conditions subject to which the new entry permit may be
        granted.

"(3) In relation to a visitor entry permit, the following criteria are
specified, namely:

   (a)  that the applicant:

        (i)    satisfies the prescribed criteria in relation to a visa of a
               class to which the class of entry permits is equivalent; and

        (ii)   has been in Australia for less than 12 months under the
               applicant's current entry permit.

"(4) In relation to:

   (a)  a student (AIDAB) entry permit; or

   (b)  a student (Equity and Merit Scholarship Scheme) entry permit; or
        Scholarship Scheme) entry permit; or

   (c)  a student (formal course) entry permit; the following criterion is
        specified, namely, that the applicant satisfies the prescribed
        criteria in relation to a visa of a class to which the class of entry
        permits is equivalent.

"(5) Where the application is for a trainee (English language), or a trainee
(non-formal course), entry permit, the following criteria are specified:

   (a)  that the applicant has:

        (i)    completed in Australia a course of less than 12 months'
               duration; and than 12 months' duration; and

        (ii)   applied for a course in Australia of less than 12 months'
               duration; and

   (b)  that:

        (i)    the applicant:

                (A)  is a trainee; or

                (B)  has enrolled in a course of study which has been
                     registered by the Minister for Employment, Education and
                     Training as being of equivalent standard to courses
                     recognised by the Australian Council on Tertiary Awards;
                     or

                (C)  was enrolled and studying in an English language or
                     non-formal course in Australia on 1 November 1989,
                     satisfies the prescribed criteria in relation to the
                     relevant class of entry permit and seeks to undertake one
                     further non-formal course or English language course
                     after that course; or

        (ii)   the applicant has completed within Australia; applicant has
               completed within Australia;

                (A)  a non-formal course; or

                (B)  an English language course; of at least 12 months'
                     duration; or

        (iii)  the applicant has enrolled within Australia in:

                (A)  a non-formal course; or

                (B)  an English language course; of at least 12 months'
                     duration.

"(6) Where the applicant has satisfied the criterion specified in
sub-subparagraph (5) (b) (i) (c), an entry permit granted to the applicant
must not be granted in respect of a period ending after 31 July 1990.

"(7) This regulation ceases to have effect at the end of 30 June 1990.".