Overview

The Migration Act 1958 was enacted to provide a framework for the regulation of migration to, from and within Australia. The Act was introduced to address the need for a structured approach to immigration, balancing economic, social and humanitarian considerations. Instrument IMMI 15/112, made under section 85 of the Migration Act 1958, aims to determine the fixed maximum number of specified skilled visas that may be granted for the 2015-2016 financial year. This instrument revokes the previous instrument, IMMI 10/023, in accordance with the Acts Interpretation Act 1901. The maximum number of visas set for the financial year are 219 for Subclass 175 Skilled – Independent visas, 36 for Subclass 176 Skilled – Sponsored visas, and 29 for Subclass 475 Skilled – Regional Sponsored visas. This determination is intended to manage the intake of skilled migrants and ensure the criteria prescribed for each subclass are met, with the effect that any applications exceeding these numbers will not be processed once the limits are reached. The instrument will commence on 22 September 2015, following internal and external consultations with relevant stakeholders.

Scope and Application

The legislative instrument IMMI 15/112, made under the Migration Act 1958, specifies the maximum number of skilled visas that can be granted in the 2015-2016 financial year. This determination applies to three subclasses of skilled visas: subclass 175, which pertains to skilled independent visas; subclass 176, which relates to skilled sponsored visas; and subclass 475, which concerns skilled regional sponsored visas. The Instrument fixes the maximum number of visas at 219 for subclass 175, 36 for subclass 176, and 29 for subclass 475. The Instrument revokes the previous instrument, IMMI 10/023, and will come into effect on 22 September 2015. The Instrument is subject to consultation processes, both internally within the department and externally with affected clients, and is exempt from disallowance. The Instrument is made in accordance with the Migration Act 1958 and the Migration Regulations 1994, and when the prescribed maximum number of visas is reached, any outstanding applications will not be considered.

Key Provisions

The main operative sections of this legislative instrument, IMMI 15/112, pertain to the determination of the fixed maximum number of specified skilled visas that can be granted in the 2015-2016 financial year. Specifically, the instrument sets the limits for three subclasses of skilled visas: Subclass 175 Skilled – Independent visas (section 175.228(a) of the Migration Regulations 1994), Subclass 176 Skilled – Sponsored visas (section 176.229(a) of the Migration Regulations 1994), and Subclass 475 Skilled – Regional Sponsored visas (section 475.229(a) of the Migration Regulations 1994). The numbers set are 219 for the independent visas, 36 for the sponsored visas, and 29 for the regional sponsored visas. Under this legislation, the obligations imposed on the relevant parties primarily revolve around adhering to the fixed maximum numbers specified for each visa subclass. Once the maximum number of visas for a particular subclass is reached, any subsequent applications for that subclass are effectively nullified, as per section 39(2) of the Migration Act 1958. This ensures that the government can maintain control over the number of skilled migrants entering Australia under these specific visa categories. The legislation also stipulates that once the maximum number of visas has been granted for a subclass, any applications that were pending or submitted after the limit is reached will not be processed. This is a crucial requirement to ensure that the predetermined caps are adhered to and to prevent over-allocation of visas beyond the set limits. Additionally, it is noted that external consultation with affected parties will be undertaken closer to the implementation date, indicating a commitment to transparency and stakeholder engagement in the visa allocation process. In terms of consequences, the legislation does not explicitly outline specific penalties for breaches of the visa caps. However, the automatic nullification of applications once the caps are reached implies a strict adherence to the quotas. Any applications submitted after the maximum number of visas for a subclass has been reached will not be considered, effectively denying applicants the opportunity to be granted a visa under the specified subclass. This legislative framework ensures that the government can effectively manage the influx of skilled migrants in alignment with national policy objectives.