Commonwealth Consolidated Regulations

IMMIGRATION (EDUCATION) CHARGE REGULATIONS 1993 - REG 5

(1)

For the purposes of the definition of exempt visa in subsection 3 (2) of the Act, the following visas are prescribed:

(a)

visas, as mentioned in the Migration Regulations, of the following classes and subclasses:

(i)

Adoption (Migrant) (Class AA);

(ia)

Business Skills (Residence) (Class BH);

(ib)

Interdependent (Migrant) (Class BI);

(ii)

Parent (Migrant) (Class AX);

(iii)

Preferential Relative (Migrant) (Class AY);

(iv)

Return (Residence) (Class BB);

(v)

Territorial Asylum (Residence) (Class BE);

(vi)

Subclass 805 (Skilled);

(vii)

Subclass 806 (Family);

(viii)

Subclass 808 (Confirmatory (Residence));

(ix)

Subclass 814 (Interdependency);

(ixa)

Subclass 832 (Close Ties);

(x)

Subclass 866 (Protection);

(b)

Transitional (Permanent) visas the applications for which are constituted by applications made before 1 September 1994 for entry permits specified in subregulation (2);

(c)

visas specified in subregulations (3) and (4).

(2)

For the purposes of paragraph (1) (b), the following entry permits, as mentioned in the Migration (1993) Regulations, are specified:

(a)

a Group 1.2 (permanent resident (after entry)) entry permit of any of the following classes:

(i)

Class 800 (territorial asylum);

(ii)

Class 805 (skilled occupation);

(iii)

Class 806 (family and other close ties (after entry));

(iv)

Class 808 (confirmatory);

(v)

Class 810 (refugee (permanent));

(vi)

Class 812 (December 1989 (permanent));

(vii)

Class 814 (interdependency (permanent));

(viii)

Class 815 (PRC (permanent));

(ix)

Class 816 (special (permanent));

(x)

Class 817 (protection (permanent));

(xi)

Class 818 (highly qualified on-shore (permanent));

(b)

a permanent entry permit for which application was made at an Entry Control Point by presentation of a travel-only visa in accordance with paragraph 2.28 (1) (b) of those Regulations.

(3)

For the purposes of paragraph (1) (c), the following visas, as mentioned in the Migration (1993) Regulations, are specified:

(a)

a Group 1.1 (migrant) visa of any of the following classes:

(i)

Class 102 (adoption);

(ii)

Class 103 (parent);

(iii)

Class 104 (preferential family);

(b)

a Class 431 (restricted passport) visa, if the application for the Group 1.1 visa constituting the Class 431 visa application is for a visa of a class specified in paragraph (a);

(c)

a Group 1.4 (resident return (permanent entry)) visa.

(4)

For the purposes of paragraph (1) (c) the following visas are specified:

(a)

an Employer Nomination (Migrant) (Class AN) visa, as mentioned in the Migration Regulations, applied for, in relation to a religious position, by:

(i)

a person (a religious worker ):

(A)

who is nominated by a religious institution; and

(B)

who satisfies the primary criteria set out in Part 121 of Schedule 2 to the Migration Regulations; and

(C)

to whose application subregulation (5) applies; or

(ii)

a person who:

(A)

is a member of the family unit of a religious worker; and

(B)

satisfies the secondary criteria set out in Part 121 of Schedule 2 to the Migration Regulations; and

(C)

made a combined application with that religious worker;

(b)

a Transitional (Permanent) visa, as mentioned in the Migration Reform (Transitional Provisions) Regulations, the application for which is constituted by an application made before 1 September 1994 for a Class 121 (employer nomination) visa, in relation to a religious position, by:

(i)

a person (a religious worker ):

(A)

who is nominated by a religious institution; and

(B)

who satisfies the criteria for the grant to the person, as a primary person, of a Class 121 visa under the Migration (1993) Regulations; and

(C)

to whose application subregulation (5) applies; or

(ii)

a person who:

(A)

is a member of the family unit of a religious worker; and

(B)

satisfies the criteria for the grant to the person, as a secondary person, of a Class 121 visa under the Migration (1993) Regulations; and

(C)

made a combined application with that religious worker.

(5)

This subregulation applies to an application if:

(a)

the application is lodged on or after 1 November 1995; or

(b)

the application was lodged before 1 November 1995 but:

(i)

that application is not finally determined, within the meaning of subsection 5 (9) of the Migration Act, immediately before that date; and

(ii)

English Education Charge in respect of the application has not been paid.