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Commonwealth of Australia

Migration Regulations 1994

DETERMINATION – MEANING OF ENROLLED IN FULL-TIME STUDY AT AN EDUCATIONAL INSTITUTION 2015

(Subregulation 2.06AAB(3))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulation 2.06AAB(3) of the Migration Regulations 1994 (the Regulations):

      1. DETERMINE for the purposes of subparagraph 2.06AAB(2)(a)(ii) of the Regulations, that an applicant is enrolled in full-time study in an educational institution if at any time during the period specified in paragraph 2.06AAB(2)(a) of the Regulations, the applicant is either:

         (a)                enrolled in full-time study:
             (i)                 at the following educational institutions:
                   1. primary school; or
                   2. secondary school or other equivalent educational institution authorised to issue a Senior Secondary Certificate of Education in the relevant State or Territory; and
             (ii)              which involves the applicant's physical attendance at place located in a regional area for the purposes of study for the entire period of study; or

         (b)               enrolled in full‑time study:
             (i)                 in a course leading to the award of an Australian Qualifications Framework (AQF) Level 1 qualification or higher, where:
                   1. for courses leading to the award of an AQF Level 1 qualification—the applicant is limited to undertaking a single course at that level for the purposes of full‑time study under this Instrument; or
                   2. for courses leading to the award of an AQF Level 2 qualification or higher—the applicant may undertake one or more courses at those levels for the purposes of full-time study under this Instrument;
                   3. if at any time the applicant undertakes more than one course concurrently, only one course may be considered for the purposes of full-time study for that time under this Instrument; and
             (ii)              at an educational institution authorised to issue an Australian Qualifications Framework (AQF) qualification;
             (iii)            which involves the applicant's physical attendance at a place located in a regional area for the purposes of study for the entire period of study; and
             (iv)            for the purpose of this paragraph (b), does not include study which is wholly undertaken:
                   1. online;
                   2. by correspondence or by distance; or
                   3. otherwise on an external study basis.

         (c)                for the purposes of this Instrument:
             (i)                 contact hours has the meaning given by regulation 1.03 of the Regulations;
             (ii)              enrolled means the applicant has enrolled and commenced study at the educational institution;
             (iii)            full-time study is taken to be:
                   1. for the purposes of paragraph (a) of this Instrument, the period of study determined as full-time study by the applicant's educational institution;
                   2. for the purposes of paragraph (b) of this Instrument either:
                      (a)   the period of study determined as full-time study by the applicant's educational institution; or
                      (b)   if the applicant's educational institution does not determine full-time study, a period of study