MIGRATION REGULATIONS 1994 - REG 1.04A Foreign Affairs recipients and Foreign Affairs students

MIGRATION REGULATIONS 1994 - REG 1.04A

             (1)  In this regulation:

"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.

"Foreign Affairs student visa " means a student visa granted to a person who, as an applicant:

                     (a)  satisfied the primary criteria for the grant of the visa; and

                     (b)  was a student in a full-time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister.

             (2)  A person is a Foreign Affairs recipient if:

                     (a)  either:

                              (i)  the person is the holder of a Foreign Affairs 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 Foreign Minister or AusAID Minister in substitution for that course; or

                             (ii)  if the person is not the holder of a Foreign Affairs student visa--the person has in the past been the holder of a Foreign Affairs student visa and has ceased:

                                        (A)  the full-time course of study or training to which the last Foreign Affairs student visa held by the person related; or

                                        (B)  another course approved by the Foreign Minister or 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 a Foreign Affairs student if:

                     (a)  the person has been approved by the Foreign Minister or AusAID Minister to undertake a full-time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister; and

                     (b)  the person is:

                              (i)  the holder of a Foreign Affairs 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 Foreign Minister or AusAID Minister in substitution for that course.