EXPLANATORY STATEMENT

Migration Act 1958

 PASS MARK AND POOL MARK IN RELATION TO APPLICATIONS FOR GENERAL SKILLED MIGRATION VISAS (VISA CLASSES VE, VC, VF AND VB)

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

1. This Instrument is made under Subsections 96(1) and 96(2) of the Migration Act 1958 (“the Act”).
2. This Instrument revokes Instrument number IMMI 07/056 signed on 28 August 2007.
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 the Act and the Migration Regulations 1994 (“the Regulations”). 
4. The purpose of the 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.                   This Instrument operates to specify new pass and pool marks for Skilled (Migrant) (Class VE), Skilled (Provisional) (Class VC), Skilled (Provisional) (Class VF) and Skilled (Residence) (Class VB) visas as a result of a new Points Test applicable to these visas.  The new Points Test (Schedule 6C) will commence on 1 July 2011.

6.                   The effect of the Instrument is to:

• specify new pass and pool marks for Class VE, VC, VF and VB visas as a result of a new Point Test.  The new pass and pool marks will both be set at 65 points for those classes; and
• specify pass and pool marks for Class VE, VC, VF and VB points tested visas lodged prior to 1 July 2011; and
• specify pass and pool marks for Class VE, VC, VF and VB points tested visas lodged on or after 1 July 2011 for certain applications for which transitional arrangements apply; and
• set the pool mark to equal the applicable pass mark.

7.                   Consultation was unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

8.                   The Office of Best Practice Regulation was consulted in relation to the new points test and has advised that a Regulatory Impact Statement is not required (OBPR Reference 11343).

9. This Instrument number, IMMI 11/027, commences on 1 July 2011, immediately after the
commencement of Migration Amendment Regulations 2011 (No. 3).