From 1 March 2002, Australian immigration law has been amended to make technical amendments to the student visa criteria.  

Technical details 

Additional information: Amendments have been made to the student visa criteria in the Migration Regulations 1994 (the Regulations) to: 

1. clarify the definition of "principal course" in new subregulation 1.40(2) and to make clear that the definition is applicable throughout the student regulations; 

 

2. make clear that the applicant must be assessed against the requirements of the subclass appropriate to their principal course. This means that if the applicant cannot meet the requirements of that subclass, they must be refused a studentvisa - that is, they cannot meet the requirements of the other student visa subclasses; 

 

3. make clear that the applicant must provide all the evidence in accordance with the requirements set out in Schedule 5A for the assessment level to which the visa applicant is subject and in relation to the subclass of visa for which the applicant is seeking to satisfy the primary criteria. Failure to provide such evidence will mean that the applicant cannot be granted a student visa; 

 

 

4. make clear the policy intention that AusAID students seeking to remain in Australia as non AusAID students must provide evidence that the AusAID Minister does not oppose the applicant undertaking the proposed course;  

 

5. technical amendments to omit references to training to align references to a course of study with the various definitions of the term "course of study" in the student visa subclasses. The omission of the reference to training does not necessarily mean that training cannot be undertaken by the holder of a student visa. AusAID and Defence (Subclass 576) students may continue to undertake training, as clause 576.111 refers specifically to training in the definition of "course of study".

Under policy, it remains possible for all other students to undertake training providing it is part of a registered course of study. 

Transitional arrangements:  

The amendments to items 1-3 above apply to applications lodged on or after 1 March 2002, as well as applications that are not finally determined as at 1 March 2002. The amendments to items 4-5 above apply to applications lodged on or after 1 March 2002.