Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An applicant for a student visa who seeks to satisfy the primary criteria is subject to the assessment level specified by the Minister at the time of application in relation to the relevant subclass of student visa for the eligible passport that the applicant holds at the time of decision.
(2) Despite subregulation (1), an applicant is subject to assessment level 2 if:
(a) the application is made in Australia before 31 December 2006; and
(b) the application is made on form 157A or 157A (Internet); and
(c) the applicant:
(i) is the holder of a Subclass 560 visa as a person who satisfied the primary criteria in Subdivisions 560.21 and 560.22; or
(ii) is the holder of a Subclass 562 visa; or
(iii) both:
(A) is the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa (as a person who satisfied the primary criteria for the subclass) that is subject to condition 8105; and
(B) was, immediately before being granted the Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the holder of a Subclass 560 or 562 visa that was subject to condition 8101; and
(d) apart from this subregulation, the applicant would be subject to assessment level 3, 4 or 5; and
(e) subregulation (3) or (4) applies to the applicant.
(3) This subregulation applies to an applicant who:
(a) was assessed in relation to an application for a student visa to undertake a package of courses of study; and
(b) was granted the student visa; and
(c) needs a further student visa to commence 1 or more courses in the package.
(4) This subregulation applies to an applicant who:
(a) has completed at least 50% of the principal course for which the student visa held was granted; and
(b) needs a further student visa to complete that course.
(5) Subregulation (6) applies to an applicant if:
(a) the application:
(i) is made on form 157A or 157A (Internet); and
(ii) is made in Australia on or before 31 March 2002; and
(b) the applicant:
(i) would, but for this subregulation, be subject to assessment level 3, 4 or 5; and
(ii) has, within the period beginning on 1 July 2001 and ending on 31 March 2002, successfully completed a course of study in Australia as the holder of a student visa.
(6) Despite subregulation (1), an applicant to whom this subregulation applies is subject to assessment level 2 if:
(a) the applicant is the holder of:
(i) a Subclass 560 visa as a person who satisfied the primary criteria; or
(ii) a Subclass 562 visa; or
(b) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157P; and
(ii) was, immediately before being granted that visa, the holder of a Subclass 560 or 562 visa; or
(c) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa; and
(ii) was, immediately before being granted that visa, the holder of a Subclass 560 or 562 visa; or
(d) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157P; and
(ii) was:
(A) immediately before being granted that visa, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa; and
(B) immediately before being granted the visa mentioned in sub‑subparagraph (A), the holder of a Subclass 560 or 562 visa; or
(e) the applicant:
(i) is, as a person who satisfied the primary criteria, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa; and
(ii) was:
(A) immediately before being granted that visa, the holder of a Subclass 570, 571, 572, 573, 574, 575 or 576 visa, the application for which was made on form 157P; and
(B) immediately before being granted the visa mentioned in sub‑subparagraph (A), the holder of a Subclass 560 or 562 visa.
(7) Subregulations (1) to (6) do not apply to an applicant who is a person designated under regulation 2.07AO.