Overview

The Migration Act 1958, enacted by the Parliament of Australia, was introduced to provide a comprehensive legislative framework for the administration of migration to, from, and within Australia. One of the identified gaps in the Act was the need for an adaptable system to assess and select skilled migrants based on their potential to contribute to the Australian economy and society. This led to the creation of the legislative instrument F2011L01218, which specifies the pass and pool marks for general skilled migration visas under the Act. This particular instrument was made under Subsections 96(1) and 96(2) of the Act, which allow the Minister to specify these marks by notice in the Gazette. The policy objective behind this instrument is to ensure that the selection of skilled migrants aligns with Australia's evolving economic needs and skills shortages by setting appropriate pass and pool marks in accordance with the new Points Test introduced on 1 July 2011.

Scope and Application

This instrument is made under Subsections 96(1) and 96(2) of the Migration Act 1958, which allows the Minister to specify pass and pool marks for visas of a particular class by notice in the Gazette. It revokes the previous instrument, IMMI 07/056, which was signed on 28 August 2007, and introduces new pass and pool marks for skilled migration visas, specifically Class VE (Skilled Migrant), Class VC (Skilled Provisional Regional Sponsored), Class VF (Skilled Provisional Regional Sponsored), and Class VB (Skilled Residence) visas. This change is due to the implementation of a new Points Test, which will commence on 1 July 2011. The new pass and pool marks are set at 65 points for the aforementioned visa classes. The instrument also specifies pass and pool marks for applications lodged before and after 1 July 2011, where applicable, and mandates that the pool mark equals the applicable pass mark. As the instrument is considered minor and does not substantially alter existing arrangements, consultation was deemed unnecessary. The Office of Best Practice Regulation has also confirmed that a Regulatory Impact Statement is not required.

Key Provisions

The primary operative sections of this legislation are subsections 96(1) and 96(2) of the Migration Act 1958, which empower the Minister to specify the pool and pass marks for particular classes of visas through a notice in the Gazette. In this case, the legislation specifies these marks for various skilled migration visas, including the Skilled (Migrant) (Class VE), Skilled (Provisional) (Class VC), Skilled (Provisional) (Class VF), and Skilled (Residence) (Class VB) visas. The pool and pass marks are set at 65 points for these visas, effective from 1 July 2011, as a result of the introduction of a new Points Test (Schedule 6C). The legislation imposes specific obligations on the parties involved, particularly on the Minister who is required to specify the pool and pass marks for the designated visa classes. Additionally, the legislation outlines transitional arrangements for applications lodged before and after 1 July 2011, ensuring a smooth transition for applicants affected by the changes. The pass and pool marks are also set to be equal for all the specified visa classes, simplifying the application process. There are no explicit provisions in this legislation regarding offences, penalties, or civil/criminal consequences for breaches. However, it is important to note that failure to meet the specified pass and pool marks would result in visa applications not being processed, as these marks are integral to the eligibility criteria for the skilled migration visas. The absence of explicit penalties in this legislation does not diminish the importance of adhering to the specified criteria to avoid disqualification from the visa application process.