Migration Act 1958 Direction under section 499 Order of Consideration of Applications for Sponsorship, Nomination and Visas under the Skill Stream of the Migration Program and the Temporary Residence Program (Direction No. 35 of 2004) (Cth)

DIRECTION NO. 35

MIGRATION ACT 1958

DIRECTION UNDER SECTION 499(1)

Order of Consideration of applications for sponsorship, nomination and visas under the Skill Stream of the Migration Program and the Temporary Residence Program.

PREAMBLE

Australia’s skilled permanent and temporary visa programs are designed to select people who will make a positive contribution to the Australian economy, assist Australian business to access new skills and technology and to address skill needs that cannot be met from the local labour market.

The Migration Occupations in Demand List (MODL) lists occupations where there are existing or emerging skill shortages, and the Government wishes to give priority to applicants who will assist in meeting those shortages. The Government also wishes to give priority to applicants who will live in regional Australia.

Persons or bodies having powers under the Migration Act 1958 to consider visa applications (or to review decisions pertaining to such applications) have power under section 51 of the Migration Act 1958 to consider and dispose of applications for visas in such order as they consider appropriate. Similarly, if a section 85 determination applies or has applied, persons or bodies having power under section 91 of the Migration Act 1958 may consider or, subject to section 86, dispose of outstanding and further applications (or review decisions pertaining to such applications) in the order they consider appropriate.

Therefore:

I, Amanda Vanstone, Minister for Immigration and Multicultural and Indigenous Affairs, acting under section 499 of the Migration Act 1958, revoke Direction No. 31 given on 26 February 2003, and give the following direction:

1. This Direction may be cited as Direction No. 35 of 2004.

1. This Direction applies to all persons and bodies having powers under the Act to consider and dispose of applications for visas (or to review decisions pertaining to such applications) under the Skill stream of the Migration Program, applications in the Business Skills (Provisional) class, applications in the Business (Long Stay) visa subclass and applications in the Medical Practitioner (Temporary) class.  The Direction addresses the processing priority to be given to these applications that have been validly made but not yet decided before the commencement of this Direction or validly made after the commencement of this Direction.

1. The Direction also applies to all persons and bodies having powers under the Act to consider applications for approval as a standard business sponsor (Business Sponsorship applications), nominations of activities in which an individual is proposed to be employed in Australia (Business Nomination applications), applications for approval of nominated positions as approved appointments (Approved Appointment applications) and applications for the approval of sponsorship for a Medical Practitioner (Temporary)(Class UE) visa (or to review decisions pertaining to such applications).  The Direction addresses the processing priority to be given to these applications that have been validly made but not yet decided before the commencement of this Direction or validly made after the commencement of this Direction.

1. The order of processing of applications for Business Sponsorship, Business Nomination, Approved Appointment and visas under the Skill Stream of the Migration Program should be:

-       applications relating to the entry of a person whose occupation is listed on the MODL; and

-       applications for State-specific and regional migration visa subclasses; then

-       all other fully completed applications in the order in which they are received.

1. Visa applications under the Skill Stream of the Migration Program may be affected by a section 85 cap that allows processing to be conducted but prevents grant of a visa.  In deciding the order for considering and disposing of applications (or reviewing decisions pertaining to such applications) when the cap is lifted, persons or bodies to which this Direction applies should, in general, give priority to those applications relating to the entry of a person whose occupation is listed on the MODL or for the State-specific and regional migration visa subclasses.

1. This Direction is to take effect from the date of signature.

Dated                    14  May     2004

Amanda Vanstone

Minister for Immigration and Multicultural and Indigenous Affairs