The purpose of the instrument is to amend the Migration Regulations in relation to visa applicants and visa holders who pose an unreasonable risk of unwanted critical technology knowledge transfer.
6 The instrument:
· creates a Public Interest Criterion (PIC) by which the Minister can refuse to grant certain visas if there is an unreasonable risk of unwanted transfer of critical technology by the visa applicant;
· inserts a condition for Subclass 500 (Student) visa holders studying, or intending to undertake, higher education studies that they must not change their course of study, or research topic, unless approved by the Minister. The Minister cannot approve the change unless satisfied that there is not an unreasonable risk of unwanted transfer of critical technology by the visa holder; and
· provides for the cancellation of a visa where the Minister is satisfied that there is an unreasonable risk of unwanted transfer of critical technology by the visa holder. Cancellation will be discretionary for ‘relevant visas’ (certain protection visas and related bridging visas), but mandatory for all other types of visa.