LIN 26/068
Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026
I, Julian Hill, Assistant Minister for Citizenship, Customs and Multicultural Affairs, make the following instrument.
Dated 21 September 2026
Julian Hill
Assistant Minister for Citizenship, Customs and Multicultural Affairs
This instrument is the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026.
2 Commencement
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under paragraph 1222(5)(c) of Schedule 1 to the Migration Regulations, for the purposes of subitem 1222(4) of Schedule 1 to the Migration Regulations.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
In this instrument:
Migration Regulations means the Migration Regulations 1994.
primary visa holder means a person who satisfied the primary criteria for grant of a Subclass 500 (Student) or Subclass 590 (Student Guardian) visa.
stream has the meaning given by subsection 2.03(1B) of the Migration Regulations.
subclass in relation to a visa, has the meaning given by subsection 1.07(1) of the Migration Regulations.
substantive temporary visa has the meaning given by subsection 5(1) and 30(2) of the Migration Act 1958.
6 Substantive Temporary Visas
For the purposes of subitem 1222(4) of the Migration Regulations, a substantive temporary visa is specified if:
(a) the visa is in a subclass mentioned in Column 1; and
(b) the visa was granted on the basis of criteria set out in a stream mentioned in Column 2; and
(c) the visa is held by a person mentioned in Column 3
Item |
Column 1 Subclass |
Column 2 Stream |
Column 3 Person |
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|
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Subclass 403 Temporary Work (International Relations) |
Domestic Worker (Diplomatic or Consular) stream only |
Any person |
|
|
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Subclass 485 (Temporary Graduate) |
Any stream |
Any person |
|
|
|
Subclass 600 (Visitor) |
Any stream |
Any person |
|
|
|
Subclass 601 (Electronic Travel Authority) |
Any stream |
Any person |
|
|
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Subclass 602 (Medical Treatment) |
Any stream |
Any person |
|
|
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Subclass 651 (eVisitor) |
Any stream |
Any person |
|
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Subclass 771 (Transit) |
Any stream |
Any person |
|
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Subclass 988 (Maritime Crew) |
Any stream |
Any person |
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Subclass 995 (Diplomatic (Temporary)) |
Any stream |
Primary visa holder |
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Schedule 1—Repeals
Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016
1 The whole of the instrument
Repeal the instrument.
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Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 |
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