MIGRATION REGULATIONS (AMENDMENT) 1991 No. 18 - REG 31. Regulation 122 (Grant of temporary entry permit to holders of student visas or entry permits, or of prescribed temporary entry permits)

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MIGRATION REGULATIONS (AMENDMENT) 1991 No. 18 - REG 31.

Regulation 122 (Grant of temporary entry permit to holders of student visas or entry permits, or of prescribed temporary entry permits) 31.1
Omit all the words from and including "private subsidised student entry visa" to and including "(formal course)", substitute " student visa operating as an entry permit or a student".
31.2
Paragraph 122 (c):
Omit "and", substitute "and, except in the case of an applicant referred to in paragraph (f),".
31.3
Sub-subparagraph 122 (e) (i) (B):
Omit the sub-subparagraph, substitute:
"(B) in the case of an assisted student (other than a student described in paragraph (a) of the definition of `assisted student' in subregulation 2 (1))—has the support of AIDAB for the grant of the entry permit;".
31.4
Subparagraph 122 (e) (ii):
After "resident entry", insert "permit, other than an occupational trainee entry permit or a medical treatment entry".
31.5
Sub-subparagraph 122 (e) (ii) (A):
After "formal", insert "or category A".
31.6
Subparagraph 122 (e) (ii):
After sub-subparagraph 122 (e) (ii) (D), insert:
"(DD) if the applicant is a student approved by AIDAB or an EMSS student, has the support of AIDAB for the grant of the entry permit; and".
31.7
Sub-subparagraph 122 (e) (ii) (D):
Omit "the holder of a private subsidised student entry permit—", substitute "a private subsidised student—".
31.8
Sub-subparagraph 122 (e) (iii) (A):
Omit the sub-subparagraph, substitute:
"(A) in the case of an applicant other than an applicant referred to in sub-subparagraph (B), satisfies the prescribed criteria for the class of visa to which the entry permit is equivalent; and".
31.9
Sub-subparagraph 122 (e) (iii) (B):
Omit the sub-subparagraph, substitute:
"(B) in the case of an applicant enrolled in a formal course or a category A course, satisfies the Minister that, in connection with that course of study or with a matter arising from that course of study, the relevant educational institution requires the applicant to remain in Australia during the marking of a post-graduate thesis or that he or she is required to gain practical employment experience after graduation to obtain registration in a profession in which registration is a prerequisite for the practice of the profession in the applicant's usual country of residence; and".
31.10
Sub-subparagraph 122 (e) (iii) (C):
Omit "produces", substitute "if the applicant is an assisted student, produces to the Minister".
31.11
Sub-subparagraph 122 (e) (iii) (D):
Omit the sub-subparagraph, substitute:
"(D) produces to the Minister evidence that he or she has adequate financial support for the period of his or her intended stay in Australia; or
(iv) being an applicant for an occupational trainee entry permit:
(A) is the holder of a trainee (non-formal course ) visa or entry permit; and
(B) obtained that visa or entry permit because he or she was a trainee; and
(C) satisfies the prescribed criteria for an occupational trainee visa;
(f) the applicant, being an applicant for a medical treatment entry permit, satisfies the prescribed criteria for the class of visa to which that entry permit is equivalent.".
31.12
Add at the end of the regulation:
"(2) An applicant referred to in subparagraph (1) (e) (iii):
(a) who is the holder of one of the following kinds of entry permit or entry visa operating as an entry permit:
(i) trainee (non-formal course); or
(ii) trainee (English language); or
(iii) student (restricted); or
(iv) student (category B) granted because the course to be under taken was approved under subparagraph 98D (1) (a) (i) or (ii); and
(b) who has substantially complied with the requirements of the course for which the entry permit was granted;
is eligible for a further student (category B) entry permit:
(c) to complete the course for which the entry permit was initially granted; or
(d) for one further course of study referred to in subparagraph 98D (1) (a) (i), (ii) or (iii).
"(3) An applicant referred to in subparagraph (1) (e) (iii):
(a) who is the holder of a student (category B) entry permit or entry visa operating as an entry permit; and
(b) who was granted that entry permit or visa to undertake course of study referred to in subparagraph 98D (1) (a) (iii); and
(c) who has substantially complied with the requirements of the course for which the entry permit was granted;
is eligible for a further student (category B) entry permit:
(d) to complete the course for which the entry permit was initially granted; or
(e) for one further course of study referred to in subparagraph 98D (1) (a) (i) or (ii).
"(4) An applicant referred to in subparagraph (1) (e) (iii) who is the holder of a student (category A) entry permit, or entry visa operating as an entry permit, granted for a prerequisite course of study referred to in subparagraph 98B (1) (a) (ii) is eligible for a further student (category A) entry permit to undertake the prerequisite course only if the total period of stay in Australia (namely, the initial period of stay granted plus the extension of stay sought ) does not exceed 12 months.
"(5) Where the applicant for the entry permit:
(a) is a member of the family unit of an applicant referred to in subparagraph (1) (e) (iii); and
(b) is:
(i) the holder of a student entry permit granted before 1 February 1991; or
(ii) the holder of a dependent (subsequent entry) entry permit; and
(c) is a member of the family unit of a student:
(i) who holds a student (category B) visa or entry permit; and
(ii) who is not a citizen of a country specified by notice in the Gazette as a country to which paragraph 98D (3) (a) applies;
the applicant does not need to meet the criteria referred to in sub-subparagraph 98D (3) (a) (ii) (E), (F) or (G).
"(6) Subparagraph (1) (e) (iii) does not apply if:
(a) the applicant holds a student visa or entry permit because he or she satisfied the criteria referred to in subregulation 98B (2) or 98D (3); and
(b) immediately before being granted that visa or entry permit, the applicant was the holder of:
(i) a visitor visa or entry permit; or
(ii) a temporary resident visa or entry permit; or
(iii) a student visa or entry permit because he or she was a student; and
(c) the applicant is applying for the visa of entry permit under subregulation 98B (1) or 98D (1).".

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