Migration Regulations 1994 Determination under paragraphs 134.228(b), 136.231(b), 137.230(b), 138.233(b) and 139.234(b) of Schedule 2 Maximum Number of Certain Skilled Visas That May Be Granted In The 2009-10 Financial Year June 2010 (Cth)

Commonwealth of Australia

Migration Regulations 1994

DETERMINATION OF THE MAXIMUM NUMBER OF CERTAIN SKILLED VISAS THAT MAY BE GRANTED IN THE 2009-10 FINANCIAL YEAR

(PARAGRAPHS 134.228(b), 136.231(b), 137.230(b), 138.233(b), AND
139.234(b) OF SCHEDULE 2)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under paragraphs 134.228(b), 136.231(b), 137.230(b), 138.233(b), and 139.234(b) of Schedule 2 to the
Migration Regulations 1994 (the Regulations):

1.         DETERMINE for the purposes of paragraph 134.228(b) of the Regulations that the maximum number of Skill Matching (Migrant) (Class BR) visas that may be granted in the financial year 1 July 2009 to 30 June 2010 is 245; AND

2.         DETERMINE for the purposes of paragraphs 136.231(b) and 137.230(b) of the Regulations that the maximum number of Skilled – Independent (Migrant) (Class BN) visas that may be granted in the financial year 1 July 2009 to 30 June 2010 is 2,506; AND

3.         DETERMINE for the purposes of paragraphs 138.233(b) and 139.234(b) of the Regulations that the maximum number of Skilled – Australian-sponsored (Migrant) (Class BQ) visas that may be granted in the financial year 1 July 2009 to 30 June 2010 is 546.

This Instrument, IMMI 10/023, commences on the day after registration on the Federal Register of Legislative Instruments.

Dated           23rd June 2010

CHRIS EVANS

Minister for Immigration and Citizenship

[NOTE: 1 Subsection 39(1) of the Migration Act 1958 provides that, in spite of section 14 of the Legislative Instruments Act 2003, a prescribed criterion for visas of a class, other than , may be the criterion that the grant of the visa would not cause the number of visas of that class granted in a particular to exceed whatever number is fixed by the Minister, by , as the maximum number of such visas that may be granted in that year (however the criterion is expressed).

NOTE 2:          Subsection 39(2) provides that, for the purposes of the Act, when a criterion allowed by subsection (1) prevents the grant in a of any more visas of a particular class, any outstanding applications for the grant in that year of visas of that class are taken not to have been made.

NOTE 3: Paragraphs 134.228(b), 136.231(b), 137.230(b), 138.233(b) and 139.234(b) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’) respectively provide that the approval of the application must not result  in the number of visas of particular classes (including the relevant subclass) granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing for the relevant paragraph, that may be granted in that financial year.]