Overview

The Migration Regulations 1994 (the Regulations) were enacted to regulate the entry and stay of non-citizens in Australia, providing a framework for the implementation of the Migration Act 1958. IMMI 17/080 was introduced to address the need for updating the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL) to better align with Australia's current economic and workforce requirements. This was achieved through a review process that incorporated feedback from various government departments and industry consultations. The policy objective of IMMI 17/080 is to ensure that the entry of skilled foreign workers is calibrated to meet Australia’s strategic needs while maintaining a skilled workforce that supports economic growth. This instrument specifies the occupations eligible for skilled visas under the Employer Nomination Scheme (Subclass 186 visa) and establishes assessing authorities to validate these nominations, ensuring that the skilled migration program remains responsive to the evolving demands of the Australian labour market.

Scope and Application

Instrument IMMI 17/080 applies to the occupations specified on the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL) for the purposes of the Subclass 186 (Employer Nomination Scheme) visa under the Migration Regulations 1994. This instrument governs who can be nominated for these skilled visas by amending the lists of eligible occupations, which are based on a review and consultations with various government departments and industry stakeholders to align the skilled migration program with Australia's economic needs. The changes made by this instrument affect applications for approval of a nomination or for a Subclass 186 visa made on or after 1 July 2017. Furthermore, the instrument introduces inapplicability conditions, or caveats, that limit the scope of certain occupations for visa criteria purposes. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. It commenced on 1 July 2017, repealing the previous instrument IMMI 16/059.

Key Provisions

The instrument IMMI 17/080, which operates under the Migration Regulations 1994, primarily serves to detail the occupations eligible for the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL) for the purposes of skilled migration. These occupations are specified under sub-subparagraph 5.19(4)(h)(i)(A) and paragraph 186.234(2)(a) of Schedule 2 to the Regulations. It updates the previous list of occupations specified in instrument IMMI 16/059, reflecting the first regular review of eligible occupations. This review process has involved significant input from various government departments and industry consultations, aiming to align the skilled migration program with Australia's current workforce needs. The obligations under this instrument are primarily directed towards the assessing authorities and applicants for the Subclass 186 (Employer Nomination Scheme) visa. Assessing authorities, now specified under 186.234(2)(a) of Schedule 2, are responsible for ensuring that the occupations listed meet the criteria set out in the Regulations. For applicants, the obligation is to ensure that their nominated occupation is on the updated list of MLTSSL or STSOL, and to provide any required documentation evidencing their occupation’s eligibility for nomination under this scheme. In terms of legal consequences, any failure to comply with the provisions of instrument IMMI 17/080 can result in various penalties. For example, applicants who submit incorrect or misleading information regarding their nominated occupation could face visa cancellations or refusals. Similarly, assessing authorities that fail to adhere to the specified occupation lists may face administrative penalties or other repercussions. While specific penalties are not detailed in the instrument itself, breaches of the Migration Act 1958, under which the Regulations operate, can lead to substantial fines and, in severe cases, criminal charges. The exact penalties depend on the nature and severity of the breach, as outlined in the broader legislative framework.