Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020 (Cth)

Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020

I, Michael Willard, as delegate of the Minister for Home Affairs, make the following instrument.

Dated 24 July 2020

Michael Willard Senior Executive Service, Band Two Immigration and Community Protection Policy Division Department of Home Affairs

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions 5 Repeal Part 2—Classes of persons 6 Class of persons 7 Class of persons 1—Subclass 500 visa - Student 8 Class of persons 2—Students' family members (combined applicants) 9 Class of persons 3—Students' family members (Foreign Affairs students and Defence students) 10 Class of persons 4—Students' family members (postgraduate research students) 11 Class of persons 5—Student Guardians 12 Class of persons 6—Student Guardians' family members 13 Class of persons 7—Students and Student Guardians' who are former visa holders affected by a PHEIC 14 Class of persons 8— Current or recent students whose studies were affected by COVID-19 15 Class of persons 9— Family member (combined applicants) of current or recent students whose studies were affected by COVID-19

Part 1—Preliminary

1 Name (1) This instrument is the Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020. (2) This instrument may be cited as LIN 20/158.

2 Commencement This instrument commences on the day after this instrument is registered on the Federal Register of Legislation.

3 Authority This instrument is made under subitem 1222(5) of Schedule 1 to the Regulations.

4 Definitions Note 1: A number of expressions used in this instrument are defined in regulation 1.03 of the Regulations, including the following: (a) defence student; (b) foreign affairs student; (c) member of the family unit; (d) registered course; (e) secondary exchange student. Note 2: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including in Australia In this instrument: Act means Migration Act 1958 Agreed starting day, for a registered course, means: (a) the day on which a course was scheduled to start; or (b) the later day agreed between the education provider and a student. PHEIC means Public Health Emergency of International Concern designated by the World Health Organisation. provider default in relation to a registered course, means the occurrence of one of the following events because a sanction has been imposed on the education provider under Division 1 or 2 of Part 6 of the Education Services for Overseas Students Act 2000: (a) the course does not start on the agreed starting day; or (b) the course ceases to be provided at any time after it starts, but before it is completed; or (c) the course not being provided in full to a student. provider default day in relation to a registered course for which provider default has occurred, means: (a) if the default occurred because of the event mentioned in paragraph (a) of the definition of provider default—the agreed starting day; or (b) if the default occurred because of the event mentioned in paragraph (b) or (c) of the definition of provider default—the day on which the course ceased to be provided. reapplying applicant means an applicant: