Commonwealth of Australia. Migration Regulations 1994 CLASSES OF PERSONS (SUBITEM 1222(1))

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1 Commonwealth of Australia Migration Regulations 1994 CLASSES OF PERSONS (SUBITEM 1222(1)) I, CHRIS BOWEN, Minister for Immigration Citizenship, acting under subparagraph 1222(1)(a)(ii) and subparagraph 1222(1)(aa)(i) of the Migration Regulations 1994 ( the Regulations ): 1. REVOKE Legislative Instrument IMMI 11/012 signed on 7 March 2011 specifying classes of persons for the purposes of subparagraph 1222(1)(a)(ii) of the Regulations; AND 2. SPECIFY the following classes of persons for the purposes of subparagraph 1222(1)(a)(ii): Class 1 Persons who apply for a student visa and who: (a) are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument; (b) seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 1 to this Instrument; (c) are subject to a highest assessment level of 1; or meet the definition of eligible higher degree student for the purposes of visa Subclasses 573 or 574, or meet the definition of eligible university exchange student for the purposes of visa Subclass 575; (d) are six years of age or above; (e) are, in the case of applicants subject to the highest assessment level of 1, the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; or, in the case of applicants for a Subclass 573 visa or Subclass 574 visa, meet the definition of eligible higher degree student, have an electronic confirmation of enrolment in each course of study they propose to undertake; or, in the case of applicants for a Subclass 575 visa meet the definition of eligible university exchange student, have an electronic confirmation of enrolment in the course of study they propose to undertake; and (f) in the case of Internet applications, apply for a student visa not more than 124 days prior to the date of commencement of the first course specified on the electronic confirmation of enrolment(s). Class 2 Persons who apply for a student visa and who: (a) are the holder of a passport issued by a foreign country; (b) seek to satisfy the secondary criteria of a subclass of student visa; and (c) claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 1 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa. Page 1 of 10

2 Class 3 Persons who apply for a student visa and who: (a) are the holder of a passport issued by a foreign country set out in Schedule 2 to this notice; (b) are in the foreign country that issued the passport; (c) seek to satisfy the primary criteria of the subclass of student visa corresponding to that passport set out in Schedule 2 to this notice; (d) make their application through the services of an agent who is party to an agreement with the Department to use an Internet facility for offshore student visa applications; (e) are six years of age or above; (f) are the subject of an electronic confirmation of enrolment for at least the first course they propose to undertake; and (g) apply for a student visa not more than 124 days prior to the date of commencement of the first course specified on the electronic confirmation of enrolment(s). Class 4 Persons who apply for a student visa and who: (a) are the holder of a passport issued by a foreign country; (b) seek to satisfy the secondary criteria of a subclass of student visa; (c) make their application through the services of an agent who is party to an agreement with the Department to use an Internet facility for offshore student visa applications; and (d) claim to be a member of the family unit of, and make an application for a student visa at the same time and place as, and combined with, a person in Class 3 who is an applicant for a student visa and seeks to satisfy the primary criteria of the same subclass of visa. 3. SPECIFY the following classes of persons for the purpose of subparagraph 1222(1)(aa)(i): Class 5 Persons who seek a student visa and who: (a) are not in immigration clearance; and (b) are at least six years of age; and (c) either: (i) hold a subclass 570, 571, 572, 573, 574, 575 or 576 visa; or (ii) are the holder of a passport issued by a foreign country set out in Schedule 1 to this Instrument, and (iii) are subject to a highest assessment level of 1; or are applicants for a Subclass 573 or 574 visa who meet the definition of eligible higher degree student ; or, who are applicants for a Subclass 575 visa who meet the definition of eligible university exchange student ; and who: (A) seek to satisfy the primary criteria of the subclass of student visa that corresponds to that passport as set out in Schedule 1 of this Instrument; and (B) are the holder of a relevant visa identified in Schedule 3 of this Instrument; and (d) (i) are enrolled in one or more registered courses: (A) of a kind that has been specified under regulation 1.40A; and (B) the provider of which is not a suspended education provider; and (ii) if under 18 years of age, provide evidence that the education provider for the course in which the applicant is enrolled has made appropriate arrangements for the applicant s accommodation, support and general welfare for at least the minimum period of enrolment stated on the applicant s electronic confirmation of Page 2 of 10

3 (e) enrolment plus 7 days after the end of that period; and in the case of Internet applications, apply no more than 93 days before their first course commences. Class 6 Persons who: (a) are not in immigration clearance; and (b) are the holder of a passport issued by a foreign country; and (c) claim to be a member of the family unit of a person described in Class 5 (the primary person); and (d) seek to apply for a student visa at the same time and place as, and combined with, the primary person. This Instrument, IMMI 12/006, commences on 24 March 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No. 1) Dated 21 March 2012 Chris Bowen Minister for Immigration and Citizenship [NOTE 1: Paragraph 1222(1)(a) provides that an applicant who is outside Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(a)(ii), must apply for a student visa using Form 157A or 157E. NOTE 2: Subparagraph 1222(1)(aa)(i) provides that an applicant who is in Australia and who is included in a class of persons specified by an instrument in writing for the purposes of subparagraph 1222(1)(aa)(i), must apply for a student visa using Form 157A or 157A (Internet). NOTE 3: Highest assessment level, for an applicant for a student visa, means if the applicant proposes to undertake a course of study that is a registered course the assessment level for that course of study; and if the applicant proposes to undertake 2 or more courses of study that are registered courses and that do not include an ELICOS the assessment level for those courses which is the highest number from 1 to 5; and if the applicant proposes to undertake 2 or more courses of study that are registered courses and that include an ELICOS the assessment level for those courses which is the highest number from 1 to 5, not including the ELICOS course.] NOTE 4: Clause defines an eligible higher degree student as an applicant for a Subclass 573 visa who is enrolled in a principal course of study for the award of a bachelor s degree or a master s degree by coursework, where the principal course of study is provided by an eligible education provider. If an eligible higher degree student applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study the applicant must also be enrolled in that course and the course must be provided by the eligible education provider, or an education business partner of the eligible education provider. NOTE 5: Clause defines an eligible higher degree student as an applicant for a Subclass 574 visa who is enrolled in a principal course of study for the award of a master s degree by research or a doctoral degree, where the principal course of study is provided by an eligible education provider. If an eligible higher degree student applicant proposes to undertake another course of study before, and for the purposes of, the principal course of study the applicant must also be enrolled in that course and the course must be provided by the eligible education provider, or an education business partner of the eligible education provider. Page 3 of 10

4 NOTE 6: Clause defines an eligible university exchange student as an applicant for a Subclass 575 visa who is enrolled in a full-time course of study that is not leading to an award, where the course of study is not an ELICOS, where the course of study is provided by an eligible education provider and where the course of study is part of a formal exchange program or a study abroad program. Page 4 of 10

5 Schedule 1 SUBCLASS 570 (INDEPENDENT ELICOS SECTOR) Andorra Ireland, Republic of Norway Austria Italy Oman Bahrain Japan Poland Belgium Korea, Republic of Portugal Bulgaria Kuwait Qatar Brunei Latvia San Marino Canada Liechtenstein Saudi Arabia Chile Lithuania Singapore Cyprus Luxembourg Slovenia Czech Republic Macau Special Administrative Spain Regions of the People s Republic of Denmark Malaysia Sweden Estonia Malta Switzerland Finland Mauritius Taiwan France Mexico United Arab Emirates Germany Monaco United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] Greece Netherlands, Kingdom of the United States of America Hong Kong Special Administrative New Caledonia Vatican City State (Holy See) Regions of the People's Republic of Iceland SUBCLASS 571 (SCHOOLS SECTOR) Andorra Italy Portugal Argentina Japan Qatar Austria Korea, Republic of San Marino Bahrain Kuwait Saudi Arabia Belgium Latvia Seychelles Botswana Liechtenstein Singapore Brazil Lithuania Slovak Republic Brunei Luxembourg Slovenia Canada Macau Special Administrative Solomon Islands Region of the People's Republic of Chile Malaysia South Africa Czech Republic Maldives Spain Denmark Malta Sweden Estonia Mauritius Switzerland Finland Mexico Taiwan France Monaco Thailand Page 5 of 10

6 Germany Netherlands, Kingdom of the United Arab Emirates Greece New Caledonia United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] Hong Kong Special Administrative Norway United States of America Region of the People's Republic of Hungary Oman Vanuatu Iceland Peru Vatican City State (Holy See) Indonesia Philippines Venezuela Ireland, Republic of Poland SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR) Andorra Ireland, Republic of Poland Austria Italy Portugal Bahrain Japan Qatar Belgium Korea, Republic of Reunion British National (Overseas) Kuwait San Marino Brunei Latvia Seychelles Bulgaria Liechtenstein Singapore Canada Lithuania Slovenia Chile Luxembourg Spain Cyprus Macau Special Administrative Sweden Region of the People s Republic of Denmark Malaysia Switzerland Estonia Malta Taiwan Finland Mexico United Arab Emirates France Monaco United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] Germany Netherlands, Kingdom of the United States of America Greece New Caledonia Vatican City State (Holy See) Hong Kong Special Administrative Norway Venezuela Region of the People s Republic of Iceland Oman SUBCLASS 573 (HIGHER EDUCATION SECTOR) Andorra Hungary Poland Argentina Iceland Portugal Austria Ireland, Republic of Qatar Bahamas Italy Reunion Bahrain Japan San Marino Page 6 of 10

7 Barbados Korea, Republic of Saudi Arabia Belgium Kuwait Seychelles Botswana Latvia Singapore Brazil Liechtenstein Slovak Republic British National (Overseas) Lithuania Slovenia Brunei Luxembourg Solomon Islands Bulgaria Macau Special Administrative South Africa Region of the People's Republic of Canada Malaysia Spain Chile Maldives Sweden Costa Rica Malta Switzerland Cyprus Mauritius Taiwan Czech Republic Mexico Thailand Denmark Monaco United Arab Emirates Estonia Netherlands, Kingdom of the United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] Finland New Caledonia United States of America France Norway Vanuatu Germany Oman Vatican City State (Holy See) Greece Papua New Guinea Venezuela Hong Kong Special Administrative Peru Region of the People s Republic of SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR) Andorra Ireland, Republic of Philippines Argentina Israel Poland Austria Italy Portugal Bahamas Japan Qatar Bahrain Jordan Romania Barbados Korea, Republic of Russian Federation Belgium Indonesia San Marino Bhutan Kazakhstan Saudi Arabia Botswana Kuwait Seychelles Brazil Lao People s Democratic Republic Singapore British National (Overseas) Latvia Slovak Republic Brunei Lebanon Slovenia Bulgaria Liechtenstein Solomon Islands Canada Lithuania South Africa Chile Luxembourg Spain Costa Rica Macau Special Administrative Sweden Region of the People s Republic of Cyprus Malaysia Switzerland Czech Republic Maldives Taiwan Page 7 of 10

8 Denmark Malta Tanzania East Timor (Timor Leste) Mauritius Thailand Ecuador Mexico Tonga Egypt Monaco Turkey Estonia Nepal Ukraine Finland Netherlands, Kingdom of the United Arab Emirates France New Caledonia United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person, British Subject] Germany North Mariana Islands United States of America Greece Norway Uruguay Guam Oman Vanuatu Hong Kong Special Administrative Papua New Guinea Vatican City (Holy See) Region of the People s Republic of Hungary Peoples Republic of Venezuela [excluding passports issued by the Special Administrative Regions of Hong Kong and Macau] Iceland Peru Vietnam India SUBCLASS 575 (NON-AWARD SECTOR) Andorra Ireland, Republic of Portugal Argentina Israel Qatar Austria Italy San Marino Bahrain Japan Saudi Arabia Belgium Korea, Republic of Seychelles Botswana Kuwait Singapore Brazil Latvia Slovak Republic Brunei Liechtenstein Slovenia Bulgaria Lithuania Solomon Islands Canada Luxembourg South Africa Chile Macau Special Administrative Spain Region of the People s Republic of Colombia Malaysia Sweden Cyprus Malta Switzerland Czech Republic Mexico Taiwan Denmark Monaco Thailand Estonia Netherlands, Kingdom of the Turkey Finland New Caledonia United Arab Emirates France Norway United Kingdom [excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Page 8 of 10

9 Protected Person, British Subject] Germany Oman United States of America Greece Peru Vanuatu Hong Kong Special Administrative Philippines Vatican City State (Holy See) Region of the People s Republic of Hungary Poland Venezuela Iceland Schedule 2 SUBCLASS 570 (INDEPENDENT ELICOS SECTOR) India Indonesia People s Republic of [excluding the Special Administrative Regions of Hong Kong and Macau] Thailand SUBCLASS 571 (SCHOOLS SECTOR) India People s Republic of [excluding the Special Administrative Regions of Hong Kong and Macau] SUBCLASS 572 (VOCATIONAL EDUCATION AND TRAINING SECTOR) India Indonesia People s Republic of [excluding the Special Administrative Regions of Hong Kong and Macau] Thailand SUBCLASS 573 (HIGHER EDUCATION SECTOR) India Indonesia People s Republic of [excluding the Special Administrative Regions of Hong Kong and Macau] SUBCLASS 574 (POSTGRADUATE RESEARCH SECTOR) None specified Page 9 of 10

10 SUBCLASS 575 (NON-AWARD SECTOR) India Indonesia People s Republic of [excluding the Special Administrative Regions of Hong Kong and Macau] Schedule 3 Relevant visa means a visa of one of the following classes or subclasses: Border (Temporary) (Class TA); Business (Temporary) (Class TB); Cultural/Social (Temporary) (Class TE); Educational (Temporary) (Class TH); Electronic Travel Authority (Class UD); Expatriate (Temporary) (Class TJ); Family Relationship (Temporary) (Class TL); Long Stay (Visitor) (Class TN)); Maritime Crew (Temporary) (Class ZM); Medical Practitioner (Temporary) (Class UE); Retirement (Temporary) (Class TQ); Supported Dependant (Temporary) (Class TW); Temporary Business Entry (Class UC); Tourist (Class TR); Working Holiday (Temporary) (Class TZ); Subclass 303 (Emergency (Temporary Visa Applicant)); Subclass 427 (Domestic Worker (Temporary) Executive); Subclass 485 (Skilled Graduate); Subclass 497 (Graduate Skilled); Subclass 488 (Superyacht Crew Visa Temporary) (Class UW); Subclass 651 (evisitor Temporary) (Class TV). Page 10 of 10

11 EXPLANATORY STATEMENT Migration Regulations 1994 CLASSES OF PERSONS (SUBITEM 1222(1)) 1. This Legislative Instrument is made under subparagraphs 1222(1)(a)(ii) and 1222(1)(aa)(i) of the Migration Regulations 1994 ( the Regulations ). 2. Paragraph 1222(1)(a) provides that an applicant who is outside Australia and who is included in a class of persons specified by Gazette Notice for the purposes of subparagraph 1222(1)(a)(ii), must apply for a Student visa using Form 157A or 157E. 3. Subparagraph 1222(1)(aa) provides that an applicant who is in Australia and who is included in a class of persons specified by an instrument in writing for the purposes of subparagraph 1222(1)(aa)(i), must apply for a Student visa using Form 157A or 157A (Internet). 4. The purpose of the Legislative Instrument is to specify the classes of persons, in the case of an application made by an applicant outside Australia for a Student (Temporary) (Class TU) visa, who can use form 157A or 157E and in the case of an application made by an applicant applying in Australia for a Student (Temporary) (Class TU) visa, who can use form 157A or 157A (Internet). 5. The Legislative Instrument operates to: inform applicants for a Student (Temporary) (Class TU) visa about which form they can use to lodge an application outside Australia, in particular the classes of persons eligible to lodge online internet based applications; inform applicants for a Student (Temporary) (Class TU) visa about which form they can use to lodge an application in Australia, in particular the classes of persons eligible to lodge online internet based applications; specify that applicants in Classes 1 and 5 who lodge Internet applications must not do so earlier than the period specified in each instance. These periods do not apply to applicants who lodge paper applications; and,

12 adds applicants for a Subclass 573 visa or Subclass 574 visa who meet the definition of an eligible higher degree student and applicants for a Subclass 575 visa who meet the definition of an eligible university exchange student to Classes 1 and 5 of the Instrument. This allows these applicants the option of lodging an internet application. 6. Consultation was conducted with relevant internal and external stakeholders from the international education sector and other Commonwealth government agencies. 7. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required. 8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13310). 9. This Legislative Instrument, IMMI 12/006, commences on 24 March 2012.

13 IMMI 12/014 Commonwealth of Australia Migration Regulations 1994 ELIGIBLE EDUCATION PROVIDERS AND EDUCATIONAL BUSINESS PARTNERS (CLAUSES , AND ) I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under clauses , and of Schedule 2 of the Migration Regulations 1994 ( the Regulations ): 1. SPECIFY for the purpose of subclauses (a), (a) and (a) the education providers listed in column 1 of Schedule A to this Instrument as an eligible education provider; AND 2. SPECIFY for the purposes of subclauses (b) and (b) the education providers listed in column 2 of Schedule A to this Instrument as educational business partners of the education provider mentioned in column 1. This Instrument number IMMI 12/014 commences on 24 March 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No. 1). Dated 21 March 2012 CHRIS BOWEN Minister for Immigration and Citizenship NOTE 1: NOTE 2: NOTE 3: Clause of the Regulations provides that the Minister may, by instrument in writing, specify an education provider as an eligible education provider and specify one or more other education providers as educational business partners of the education provider already mentioned. Clause of the Regulations provides that the Minister may, by instrument in writing, specify an education provider as an eligible education provider and specify one or more other education providers as educational business partners of the education provider already mentioned. Clause of the Regulations provides that the Minister may, by instrument in writing, specify an education provider as an eligible education.]

14 IMMI 12/014 Column A Eligible Education Provider SCHEDULE A Column B Educational Business Partners CRICOS Code Australian Catholic University Southbank Institute of TAFE 03020E TAFE NSW Technical and Further Education 00591E Commission Box Hill Institute of TAFE 02411J Australian National University ANU Enterprise Pty Ltd, trading as ANU College 01129G Bond University Martin College 01755D, 01682E Carnegie Mellon University Intensive English Language Institute 02916F South Australian College of English 00094M Charles Darwin University Macquarie Education Group Australia 02657J Navitas English Pty Ltd 02783C Australian Technical Management College 00103D Charles Sturt University Canberra Institute of Technology 00001K Holmesglen Institute of TAFE 00012G Study Group Australia Pty Limited 03079G Central Queensland University Study Group Australia Pty Limited TAFE NSW Higher Education, St Leonards TAFE NSW Higher Education, Wagga Wagga TAFE NSW Higher Education, Port Macquarie Academia International trading as Academia International & Academia Australia Young Rabbit Pty Ltd, trading as Australian Pacific College Pty Ltd Bridge Business College Pty Ltd The Trustee for Browns English Language School Trust, trading as Browns English Language School, Maxim Institute of Education Group Colleges Australia Pty Ltd, trading as Central College, Metro English College, Universal International Colleges, UIC Sydney Discover English Pty Ltd, trading as Discover English Harvest Education Technical College Holmes Commercial Colleges (Melbourne) Ltd, trading as Holmes English Language Centre Holmes Institute Pty Ltd, trading as Holmes Institute Imagine Education Australia KAPS Institute of Management Pty Ltd, trading as Fusion English The Centre of Academic Excellence Pty Ltd, trading as Kent Institute of Business & Technology 01682E 00591E 00591E 00591E 02634E 01331F 01107C 02663M 02571D 03262J 03243A 02639M, 00898G, 00067C 02695C 02855C 00161E

15 IMMI 12/014 Column A Eligible Education Provider Column B Educational Business Partners CRICOS Code Curtin University of Technology Deakin University Caprock International Pty Ltd, trading as Lloyds International College Study Group Australia Pty Ltd, trading as Martin College, Embassy CES Language Training, Australian Institute of Applied Sciences, Taylors Unilink Ozford Business College Pty Ltd, trading as Ozford College of Business Ozford English Language Centre Pty Ltd, trading as Ozford English Language Centre Australia Moreton Education Group Pty Ltd, trading as Queensland Academy of Technology Sarina Russo Schools Australia Pty Ltd, trading as Sarina Russp Schools Australia; Unipath Colleges Australia Shaftston House College Ltd, trading as Shafston International College Southbank Institute of Technology Australian Vocational Institute Group Pty Ltd, trading as Strathfield College, Sydney Jacaranda College Lan-Grove Office Training Centre Pty Ltd, trading as The Sydney Business & Travel Academy; Sydney English Language Academy Viva College Pty Ltd, trading as Viva International College of English Curtin College (College of Business and Technology) Canning College Tuart College Education and Training International Perth International College of English (PAXMIL Education Holdings Pty Ltd Phoenix Academy (Keyseq Pty Ltd) Navitas English (Navitas English Services Pty Ltd) Melbourne Institute of Business and Technology Pty Ltd Holmesglen Institute Chisholm Institute Sunraysia Institute of TAFE Gordon Institute of TAFE Box Hill Institute of TAFE 01942A 01755D, 01682E 02573B, 02501G 02746G 00607B 01542F 03020E 02736K 00181A 02528G 02042G 00463B 00465M 00020G, 01723A 02368G 00066D 00289M 01590J 00012G 00881F 01985A 00011G 02411J Edith Cowan University Education and Training International 00020G Perth Institute of Business and Technology 01312J

16 IMMI 12/014 Column A Eligible Education Provider Column B Educational Business Partners CRICOS Code Flinders University Japanese College of Adelaide Pty Ltd trading as 00989E English College of Adelaide Educational Enterprises Australia Pty Ltd, trading 00561M as Eynesbury College Academy of English Community for Global Communication Inc, trading 02916F as; Intensive English Language Institute) South Australia College of English Pty Ltd 00094M Griffith University Queensland Institute of Business and Technology 01737F Pty Ltd James Cook University Sarina Russo Schools Australia Pty Ltd (trading as 00607B Sarina Russo Schools Australia and Unipath Colleges Australia Springfield Campus Pty Ltd (trading as Union 02529F Institute of Language, JCU Pathway College) Barrier Reef Institute of TAFE 02001E Tropical North Queensland Institute of TAFE 02012B La Trobe University Think: Colleges Pty Ltd trading as William Blue 00246M College of Hospitality Management Navitas English Services Pty Ltd, trading as 00289M Navitas English Macquarie University Centre for Macquarie English (CME) 02942D Ability Education 01530K, 03112A Australian International College of English (AICE) 02834G Browns College 02663M Greenwich College 02672K UTS: Insearch 00859D Kaplan Aspect Sydney 02362N Milton College 00905C Sydney English Language Centre 00051M Navitas English Services 00289M Universal English College (UEC) 00053J Australian Pacific College 01331F Top Education 02491D SIBT 05176G Monash University Monash College Pty Ltd, Clayton 01857J Murdoch University Murdoch College 00429D Murdoch Institute of Technology 03127E Phoenix Academy 00066D Queensland University of Brisbane North Institute of TAFE 02444M Technology Metropolitan South Institute of TAFE 02007K Gold Coast Institute of TAFE 03037G Southbank Institute of Technology 03020E John Paul College 00500B RMIT University RMIT Training Pty Ltd, trading as RMIT English 01912G Worldwide) Southern Cross University TAFE NSW: Technical and Further Education 00591E

17 IMMI 12/014 Column A Eligible Education Provider Column B Educational Business Partners CRICOS Code Commission Gold Coast Institute of TAFE 03037G ABC Study Group P/L, trading as Australian 02834G International College of English ELS Universal English College (The Hotel School 00053J English Language Provider) Swinburne University of N/A N/A Technology The University of Adelaide Kaplan Business School Pty Ltd, trading as 02426B Bradford College Educational Enterprises Australia Pty Ltd, trading 00561M as Eynesbury College The University of Melbourne Trinity College 00709G Hawthorn English Language Centre G The University of New Infotech Professionals Pty Ltd, trading as 01917B England International Institute of Business & Information Technology, IIBIT Academy of English University of New England, trading as English 01397K Language Centre, University of New England Language Centre (UNE) The University of New South UNSW Global and UNSW Institute of Languages 01020K Wales The University of New South Wales 00098G The University of Newcastle Technical and Further Education Commission 00591E (TAFE NSW The Hunter) Newcastle International College Pty Ltd (NIC) 03293B The University of Notre Dame N/A N/A Australia The University of Queensland Institute of Continuing & TESOL Education, The 00091C University of Queensland (ICTE-UQ) International Education Services Ltd (UQ) 01697J The University of Sydney University of Sydney, Centre for English Teaching 01019C The University of Western Canning College 00463B Australia Tuart College 00465M Study Group Australia Pty Ltd (SGA), trading as 01963G Taylors College Comprehensive Education Centre Pty Ltd, trading 00429D as Murdoch College Alexander Language School 00057E University of Ballarat AMI Education 02439G Australian Technical & Management College 03013D (ATMC) Melbourne Institute of Technology (MIT) 01545C Smart Futures Group, trading as The William Light 02235J Institute (WLI) Melbourne Institute of Technology (MIT) 02439G International Institute of Business & Information 01917B

18 IMMI 12/014 Column A Eligible Education Provider Column B Educational Business Partners CRICOS Code Technology (IIBIT) University of Canberra Academy of Interactive Entertainment Ltd, NSW 03108G Academy of Interactive Entertainment Ltd, VIC 02619D Academy of Interactive Entertainment Ltd, ACT 02406F AMI Education Pty Ltd 02439G ANU Enterprise Pty Ltd 01129G Australian Business Academy Pty Ltd 01752G Australian College of Applied Psychology Pty Ltd, 02829E VIC Australian College of Applied Psychology Pty Ltd, 01328A NSW Australian College of Applied Psychology Pty Ltd, 02565B QLD Canberra Institute of Technology 00001K Macquarie Education Group Australia Pty Ltd 02657J TAFE NSW: Technical and Further Education 00591E Commission University of Canberra College Pty Ltd 01893E Victoria University 00124K University of South Australia South Australian Institute of Business and 02193C Technology Pty Ltd Educational Enterprises Australia Pty Ltd, trading 00561M as Eynesbury Navitas English, NSW 00289M Navitas English, NT 02783C Navitas English, QLD 00711B Navitas English, WA 02252G University of Southern N/A N/A Queensland University of Tasmania Department of Education and Training, trading as 03041M Government Education and Training International Tasmania (Tasmanian Polytechnic) University of Technology INSEARCH Limited 00859D Sydney University of the Sunshine Sunshine Coast Institute of TAFE 02004B Coast University of Western Sydney TAFE NSW Technical and Further Education 00591E Commission UWS College Pty Ltd, Westmead 02851G UWS College Pty Ltd, Quakers Hill 02851G University of Wollongong ITC Education Limited t/a UOW College 02723D ELS Universal English College 00053J Victoria University Education Centre of Australia Pty Ltd, trading as 02644C The English Language School in Sydney (ELSIS) Zenith Business Academy Pty Ltd 02997M University College London South Australian Institute of Business and 02193C

19 IMMI 12/014 Column A Eligible Education Provider Column B Educational Business Partners Technology Pty Ltd (SAIBT / CELUSA) CRICOS Code

20 IMMI 12/014 EXPLANATORY STATEMENT Migration Regulations 1994 ELIGIBLE EDUCATION PROVIDERS AND EDUCATIONAL BUSINESS PARTNERS 1. This Instrument is made under clauses , and of the Migration Regulations 1994 ( the Regulations ). 2. Clauses and of the Regulations provide that the Minister may, by instrument in writing, specify an education provider as an eligible education provider and specify one or more other education providers as educational business partners of the eligible education provider. 3. Clause of the Regulation provides that the Minister may, by instrument in writing, specify an education provider as an eligible education provider. 4. The purpose of the Instrument is to specify eligible education providers and their educational business partners for subclasses 573 Higher Education Sector, 574 Postgraduate Research Sector and 575 Non-award Sector Student visas. The Instrument also specifies that educational business partners are linked to a particular eligible education provider. 5. The instrument operates to allow eligible students enrolled at participating universities to receive an exemption from the Assessment Level framework. Assessment levels are a risk management approach applied to all student visas, determining the amount of evidence visa applicants need to supply and the level of scrutiny with which their claims are assessed. This change will allow eligible higher degree students and eligible university exchange students with a Confirmation of Enrolment from the education providers listed in the instrument to meet evidentiary requirements similar to the existing AL1 requirements for the grant of a Student visa. 6. Consultation was undertaken before the instrument was made as follows: Consultation was conducted with relevant internal and external stakeholders from the international education sector and other Commonwealth government agencies.

21 IMMI 12/ The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 12851). 8. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required. 9. The instrument commences on 24 March 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No. 1).