Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 1.41

         (1)   The Minister must specify, by instrument in writing, 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.

      (1A)   An assessment level does not apply in relation to an eligible passport held by:

                (a)    an applicant for a Subclass 573 (Higher Education Sector) visa who is an eligible higher degree student within the meaning of Part 573 of Schedule 2; or

               (b)    an applicant for a Subclass 574 (Postgraduate Research Sector) visa who is an eligible higher degree student within the meaning of Part 574 of Schedule 2; or

                (c)    an applicant for a Subclass 575 (Non-Award Sector) visa who is an eligible university exchange student within the meaning of Part 575 of Schedule 2.

         (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.