Compilation of Migration Regulations 1994 dated 1 July 2022, incorporates the amendments made by Migration Amendment (Postgraduate Research in Critical Technology—Student Visa Conditions) Regulations 2022 to replace visa conditions 8204A and 8204B with the new, more targeted, clearer visa condition 8208 which applies to Student visas Subclass 500 to screen for and manage the risk of unwanted transfer of Australia’s critical technology in certain temporary and permanent visa programs.
The new visa condition 8208 introduced by Migration Amendment (Postgraduate Research in Critical Technology—Student Visa Conditions) Regulations 2022is stated below:
8208 (1) The holder must not undertake critical technology-related study unless:
(a) the Minister is satisfied that there is not an unreasonable risk of an unwanted transfer of critical technology by the holder; and
(b) the Minister has approved in writing the holder undertaking that critical technology-related study.
(2) Subclause (1) does not apply in relation to the intended course of study, or activities related to study in Australia, as evidenced in the holder’s visa application.
(3) In this clause:
critical technology-related study means:
(a) a postgraduate research course within the meaning of clause 500.111 of Schedule 2 that relates to critical technology; or
(b) a bridging course required as a prerequisite to a course mentioned in paragraph (a); or
(c) a thesis or research topic that:
(i) is for a postgraduate research course within the meaning of clause 500.111 of Schedule 2; and
(ii) relates to critical technology.
Condition 8208 is applicable to:
- Student visa holders already studying for postgraduate research degrees at the master (research) or doctoral level, and intend to change their course of study, thesis, or research topic to one that relates to critical technology; or
- Student visa holders not currently studying in the postgraduate research sector and intend to change their principal course of study to a course at the master’s degree (research) or doctoral degree level that relates to critical technology.
The compilation is registered on the Federal Register of Legislation on 10 August 2022 and commenced on 1 July 2022. It is now in force.
To access the full compilation, click here.