Migration Regulations 1994 - Specification of an Assessing Body for Certain Eduational Qualifications - IMMI 12/019

Administered by Department of Home Affairs

Legislation au F2012L01282 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

SPECIFICATION OF AN ASSESSING BODY

FOR CERTAIN EDUCATIONAL QUALIFICATIONS

(Paragraphs 6C76(b) and 2.26AC(5)(b))

 

  1. This Instrument is made under paragraphs 6C76(b) and 2.26AC(5)(b) of the Migration Regulations 1994 (‘the Regulations’).
     
  2. This Instrument revokes Instrument number IMMI 11/037 signed on 16 June 2011. The change is necessary for the implementation of the SkillSelect online system.

 

3.                  Paragraph 6C76(b) of the Regulations provides that the Minister must be satisfied that a doctorate or bachelor degree or other qualification is of a recognised standard and has been recognised by another body, specified by the Minister in an instrument in writing.

 

4.                  Paragraph 2.26AC(5)(b) of the Regulations provides that, when determining whether an educational qualification is of a recognised standard, the Minister must have regard to whether the educational qualification is recognised by a body specified by the Minister in an instrument in writing.

 

5.                  The purpose of the Instrument is to specify organisations who are suitable to assess educational qualifications relating to applications for Skilled (Migrant) (Class VE), Skilled (Provisional) (Class VC), Skilled (Provisional) (Class) VF) and Skilled (Residence) (Class VB), Skilled – Independent (Permanent) Class SI), skilled – Nominated (Permanent) (Class SN) and Skilled – Regional Sponsored (Provisional) (Class SP) visas.

 

6.                  The Instrument operates to provide for applicants who are claiming points for higher qualifications which may be unrelated to their skilled occupation to have their qualifications assessed by VETASSESS.

 

6. Consultation was undertaken with VETASSESS in relation to overseas educational qualification assessments.

 

 

7. 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 and 13150).

8. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.

 

9. This Instrument number IMMI 12/019, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Legislative Instrument number IMMI 12/019, relating to assessment of educational qualifications by Vocational Education Training and Assessment Services (‘VETASSESS’). 

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

This Legislative Instrument, made under paragraphs 6C76(b) and 2.26AC(5)(b) of the Migration Regulations 1994 (‘the Regulations’), relates to the assessment of educational qualifications.

 

The instrument provides that for the purposes of determining whether an educational qualification is of a recognised standard (a requirement of paragraphs 6C76(b) and 2.26AC(5)(b) of the Regulations) VETASSESS may assess the applicant’s qualifications. 

 

Such assessments are undertaken for applicants for Skilled (Migrant) (Class VE), Skilled (Provisional) (Class VC), Skilled (Provisional) (Class VF), Skilled (Residence) (Class VB), Skilled – Independent (Permanent) (Class SI), Skilled - Nominated (Permanent) (Class SN) and Skilled – Regional Sponsored (Provisional) (Class SP) visas. 

 

Human rights implications

 

As this Legislative Instrument is confined to specifying VETASSESS as the organisation to conduct assessment of educational qualifications, this Legislative Instrument does not engage any of the applicable rights or freedoms under the seven key international human rights treaties.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Chris Bowen, Minister for Immigration and Citizenship

Overview

The Legislation F2012L01282, enacted under the Migration Regulations 1994, addresses the need to specify an assessing body for certain educational qualifications, particularly for skilled migration visa applicants. This legislative instrument revokes a previous instrument to implement the SkillSelect online system, facilitating streamlined processing. The objective is to ensure that educational qualifications of applicants for various skilled visas, such as Skilled (Migrant), Skilled (Provisional), and Skilled – Independent (Permanent) visas, meet recognised standards. The instrument designates Vocational Education Training and Assessment Services (VETASSESS) as the body responsible for assessing these qualifications. This change supports the efficient assessment of qualifications, especially for those unrelated to the applicant's skilled occupation, thus enhancing the integrity and effectiveness of the skilled migration program. The instrument complies with human rights standards, as confirmed by the Statement of Compatibility with Human Rights.

Scope and Application

This Legislative Instrument, identified as IMMI 12/019, pertains to the assessment of educational qualifications under the Migration Regulations 1994, specifically for applicants seeking Skilled (Migrant), Skilled (Provisional), Skilled (Residence), Skilled – Independent (Permanent), Skilled – Nominated (Permanent), and Skilled – Regional Sponsored (Provisional) visas. The instrument is designed to specify Vocational Education Training and Assessment Services (VETASSESS) as the organisation authorised to evaluate the educational qualifications of applicants, ensuring that these qualifications meet the recognised standards required for the specified visa categories. The scope of the legislation is limited to the assessment of qualifications and does not extend to other aspects of the visa application process. This instrument operates nationally and applies to all applicants within the specified visa categories who are claiming points for higher educational qualifications potentially unrelated to their skilled occupation. It revokes the previous instrument IMMI 11/037 and aligns with the implementation of the SkillSelect online system, effective from 1 July 2012. The instrument does not include any exclusions, exemptions, or thresholds beyond those already specified in the Migration Regulations 1994. Additionally, it has been determined that a Regulatory Impact Statement is not required, and the instrument is compatible with human rights as it does not engage any applicable rights or freedoms under the relevant international human rights treaties.

Key Provisions

The key operative sections of this legislative instrument (F2012L01282) specify that VETASSESS is recognised by the Minister as the body responsible for assessing certain educational qualifications under the Migration Regulations 1994. Specifically, this pertains to the assessment of qualifications for applicants seeking Skilled (Migrant) (Class VE), Skilled (Provisional) (Class VC), Skilled (Provisional) (Class VF), Skilled (Residence) (Class VB), Skilled – Independent (Permanent) (Class SI), Skilled - Nominated (Permanent) (Class SN), and Skilled – Regional Sponsored (Provisional) (Class SP) visas. Paragraph 6C76(b) of the Regulations mandates that the Minister must be satisfied that a doctorate or bachelor degree or other qualification is of a recognised standard and has been recognised by a body specified by the Minister, while paragraph 2.26AC(5)(b) requires that the Minister consider the recognition of the educational qualification by a body specified in an instrument in writing when determining its standard. The Act imposes specific obligations on applicants for the aforementioned visa categories. These applicants must ensure that their educational qualifications are assessed by VETASSESS, as designated by the Minister. This requirement is integral to the assessment process for points that applicants may claim for higher qualifications that may not be directly related to their skilled occupation. It is a condition of their application that the educational qualifications are verified by VETASSESS to meet the recognised standards specified in the Regulations. Any breach of the requirements to have qualifications assessed by VETASSESS, as specified in the Act, could lead to the application being deemed invalid or incomplete. The Act does not explicitly state criminal or civil penalties for non-compliance; however, the failure to meet these requirements could result in the application being rejected or the applicant not being granted the visa. The main consequence of not adhering to the specified assessment process is the potential denial of the visa application due to non-compliance with the educational qualification assessment requirements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.