EXPLANATORY STATEMENT
Migration Regulations 1994
DETERMINATION OF THE MAXIMUM NUMBER OF CERTAIN SKILLED VISAS THAT MAY BE GRANTED IN THE 2009-10 FINANCIAL YEAR
1. This Instrument is made under paragraphs 134.228(b), 136.231(b), 137.230(b), 138.233(b), and 139.234(b) of Schedule 2 to the Migration Regulations 1994 (the Regulations).
2. Subsection 39(1) of the Migration Act 1958 provides that, in spite of section 14 of the Legislative Instruments Act 2003, a prescribed criterion for visas of a class, other than protection visas, may be the criterion that the grant of the visa would not cause the number of visas of that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum number of such visas that may be granted in that year (however the criterion is expressed).
3. Subsection 39(2) provides that, for the purposes of the Act, when a criterion allowed by subsection (1) prevents the grant in a financial year of any more visas of a particular class, any outstanding applications for the grant in that year of visas of that class are taken not to have been made.
4. The prescribed criteria in paragraphs 134.228(b), 136.231(b), 137.230(b), 138.233(b) and 139.234(b) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’) respectively provide that the approval of the application must not result in the number of visas of particular classes (including the relevant subclass) granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing for the relevant paragraph, that may be granted in that financial year.
5. The purpose of this Instrument is to determine the maximum number of visas that may be granted in the financial year 1 July 2009 to 30 June 2010 for Skill Matching (Migrant) (Class BR), including Subclass 134 (Skill Matching) visas; Skilled – Independent (Migrant) (Class BN), including Subclass 136 (Skilled – Independent) and Subclass 137 (Skilled – State/Territory-nominated Independent) visas; and Skilled – Australian-sponsored (Migrant) (Class BQ), including Subclass 138 (Skilled – Australian-sponsored) and Subclass 139 (Skilled – Designated Area-sponsored) visas. The Instrument determines that:
- for the Skill Matching (Migrant) (Class BR) visa the maximum number of visas that may be granted is 245;
- for the Skilled – Independent (Migrant) (Class BN) visa the maximum number of visas that may be granted is 2,506; and
- for the Skilled – Australian-sponsored (Migrant) (Class BQ) visa the maximum number of visas that may be granted is 546.
6. Under subsection 39(2) of the Act, any outstanding Skill Matching (Migrant) (Class BR) visa, Skilled – Independent (Migrant) (Class BN), and Skilled – Australian-sponsored (Migrant) (Class BQ) visa applications are taken not to have been made. The Visa Application Charge paid by applicants in relation to any visa applications affected by this Instrument will be refunded.
7. The Migration Review Tribunal and Refugee Review Tribunal were consulted in relation to this Instrument.
8. The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument.
9. The Instrument, number IMMI 10/023, commences on the day after registration on the Federal Register of Legislative Instruments.