Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Minister must specify by Gazette Notice an assessment level for a kind of eligible passport, in relation to each subclass of student visa, to which an applicant for a student visa who seeks to satisfy the primary criteria will be subject, other than an applicant who:
(a) is a person designated under regulation 2.07AO ; and
(b) applies for:
(i) a Subclass 571 (Schools Sector) visa; or
(ii) a Subclass 572 (Vocational Education and Training Sector) visa; or
(iii) a Subclass 573 (Higher Education Sector) visa; or
(iv) a Subclass 574 (Postgraduate Research Sector) visa.
(2) In specifying an assessment level, the Minister must consider the risk posed by applicants who hold a kind of eligible passport in terms of:
(a) their being genuine students; and
(b) their engaging, while in Australia, in conduct (including omissions) not contemplated by the visa.
(3) In considering the risk, the Minister must have regard to:
(a) 1 or more of the following statistics prepared by the Secretary in relation to the kind of eligible passport:
(i) the number of former holders of student visas who have become unlawful non‑citizens;
(ii) the number of student visas that have been cancelled;
(iii) the number of applications for student visas that have been refused;
(iv) the number of fraudulent documents detected by Immigration in relation to applications for student visas;
(v) the number of holders of student visas who have applied for protection visas or for permanent visas other than Business Skills (Residence) (Class BH), Business Skills -- Established Business (Residence) (Class BH), Business Skills (Residence) (Class DF), Business Skills -- Business Talent (Migrant) (Class EA), Skilled -- Independent Overseas Student (Class DD) and Skilled -- Australian‑sponsored Overseas Student (Class DE) visas; and
(b) any other matters that the Minister considers relevant.
(4) The assessment level specified for a kind of eligible passport:
(a) must be a number from 1 to 5, with assessment level 1 specified for a passport, holders of which pose a very low risk and assessment level 5 specified for a passport, holders of which pose an extremely high risk; and
(b) is not required to be the same for each subclass of student visa.