Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
"AIDAB" means the former Australian International Development Assistance Bureau.
(a) a Subclass 560 (Student), Subclass 562 (Iranian Postgraduate Student) or Subclass 576 (AusAID or Defence Sector) visa granted to a person who, as an applicant:
(i) satisfied the primary criteria for the grant of the visa; and
(ii) was a student in a full‑time course of study or training under a scholarship scheme or training program approved by the AusAID Minister; or
(b) an equivalent former visa or entry permit; or
(c) an equivalent transitional visa.
"cease" , in relation to a full-time course of study or training, includes to complete, to withdraw from, or to be excluded from, that course.
"equivalent former visa or entry permit" means a Group 2.2 (student) visa or entry permit, within the meaning of the Migration (1993) Regulations, granted to a person who, as an applicant:
(a) satisfied the criteria for the grant of the visa or entry permit as a primary person; and
(b) was a student in a full‑time course of study or training under a scholarship scheme or training program approved by AIDAB or AusAID.
"equivalent transitional visa" means a transitional (temporary) visa within the meaning of the Migration Reform (Transitional Provisions) Regulations that:
(a) is, or was, held by a person because the person held an equivalent former visa or entry permit; or
(b) was granted to a person on the basis of a decision that the person satisfied the criteria for the grant of an equivalent former visa or entry permit.
(2) A person is an AusAID recipient if:
(a) either:
(i) the person is the holder of an AusAID student visa and has ceased:
(A) the full‑time course of study or training to which that visa relates; or
(B) another course approved by the AusAID Minister in substitution for that course; or
(ii) if the person is not the holder of an AusAID student visa -- the person has in the past been the holder of an AusAID student visa and has ceased:
(A) the full‑time course of study or training to which the last AusAID student visa held by the person related; or
(B) another course approved by the AusAID Minister in substitution for that course; and
(b) the person has not spent at least 2 years outside Australia since ceasing the course.
(3) A person is an AusAID student if:
(a) the person has been approved by the AusAID Minister to undertake a full‑time course of study or training under a scholarship scheme or training program approved by the AusAID Minister; and
(b) the person is:
(i) the holder of an AusAID student visa granted in circumstances where the person intended to undertake the full‑time course of study or training; or
(ii) an applicant for a student visa whose application shows an intention to undertake a full‑time course of study or training; and
(c) in the case of a person mentioned in subparagraph (b) (i) -- the person has not ceased:
(i) the full‑time course of study or training to which the visa relates; or
(ii) another course approved by the AusAID Minister in substitution for that course.