EXPLANATORY STATEMENT

Migration Act 1958

Migration Regulations 1994

 PASS MARKS AND POOL MARKS IN RELATION TO APPLICATIONS FOR GSM SKILLED VISAS (VISA CLASSES VE, VC, VF AND VB)

(SUBSECTIONS 96(1) AND 96(2))

1. This Instrument is made under regulation 1.17 of the Migration Regulations 1994 (“the Regulations”) and subsections 96(1) and 96(2) of the Migration Act (“the Act”).
2. Regulation 1.17 provides that the Minister may by notice in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Subsections 96(1) and 96 (2) of the Act respectively provide that the Minister may, from time to time, by notice in the Gazette, specify, in relation to visas of a particular class, the pool mark and pass mark for the purposes of this Act and the regulations. 
4. The purpose of this Instrument is to specify the pool and pass marks for each of the visas listed below:

• Skilled - (Migrant) (Class VE) Independent Subclass 175 visa;
• Skilled (Migrant) (Class VE) Sponsored Subclass 176 visa;
• Skilled (Provisional) (Class VC) Regional – Sponsored Subclass 487 visa;
• Skilled (Provisional) (Class VF) Regional – Sponsored Subclass 475 visa;
• Skilled (Residence) (Class VB) Independent Subclass 885 visa; and
• Skilled – (Residence) (Class VB) Sponsored Subclass 886 visa.

5.              The prescribed points for visas mentioned in the Instrument are set out in Schedule 6B of the Regulations.  A new General Skilled Migration (GSM) visa structure comes into effect on 1 September 2007 and this Instrument specifying the pass and pool marks for the new GSM visa categories also comes into effect on that date. 

6.                   This Instrument operates to set the pass and pool marks for the points-tested GSM visa categories.  In addition to meeting other requirements set out in the Act and Regulations, to be granted a points-tested visa, applicants need to have been awarded sufficient points to reach the pass mark specified by the Minister in this Instrument.  Points are awarded for those skills and other characteristics that are most likely to ensure an applicant will find skilled employment and settle in the Australian community.  Applicants awarded sufficient points to reach the pool mark, if it is lower than the pass mark, will have their application placed in a pool for two years.  Should the pass mark be lowered during that time to that of the assessed score of an application that is in the pool, those applications will be removed from the pool and visas granted to those applicants.  Applications still in the pool after two years are removed from the pool and are refused in accordance with section 95 of the Act. 

7. Consultation was undertaken before the Instrument was made with key industry bodies, professional organisations, educational institutions and State and Territory Governments.               These consultations were undertaken following the 2005 Evaluation of the GSM categories and informed a wide range of reforms to improve GSM programme outcomes, including the introduction of a new GSM visa structure with fewer visa categories. 

8. The Instrument, IMMI 07/056, commences on 1 September 2007.