Migration Amendment (Postgraduate Research in Critical Technology—Student Visa Conditions) Regulations 2022, dated 23 June 2022 amends the Migration Regulation 1994 to replace visa conditions 8204A and 8204B by 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 is as follows:

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, 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:

1. Student visa holders already studying in the postgraduate research degrees at the masters (research) or doctoral level, and intend to change their course of study, thesis or research topic to one that relates to critical technology; or
2. 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 masters degree (research) or doctoral degree level that relates to critical technology.

The new critical technology screening framework will only come into effect when the Minister specifies the kinds of technology that will be covered by this new framework.

The instrument is registered on the Federal Register of Legislation on 29 June 2022 and commenced on 1 July 2022, immediately after the commencement of Part 1 of Schedule 1 to the Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022.

To access the instrument, click here.

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