EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR SKILLED AND TEMORARY GRADUATE VISA APPLICATIONS 2015
(Items 1136, 1137, 1138, 1228, 1229 and 1230)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1136, 1137, 1138, 1228, 1229 and 1230 of Schedule 1 to the Regulations.
- This Instrument revokes Instrument number IMMI 14/071 (F2014L01031), signed on 18 July 2014, specifying post office box and courier addresses for paragraphs 1228(3)(a) and 1229(3)(c) of Schedule 1 to the Regulations and Instrument number IMMI 13/014 (F2013L00533), signed 19 March 2013, specifying forms for the Temporary Graduate (Subclass 485) visa for the purposes of subitem 1229(1) of Schedule 1 to the Regulations.
- Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
- The purpose of the Instrument is to specify the form numbers of the approved form or forms, the manner of lodgement and the addresses to which an application must be made for applications for Skilled (Residence) (Class VB) Subclass 887 (Skilled – Regional), Skilled – Independent (Permanent) (Class SI) Subclass 189 (Skilled – Independent), Skilled – Nominated (Permanent)(Class SN) Subclass 190 (Skilled – Nominated), Skilled (Provisional) (Class VF) Subclass 476 (Skilled – Recognised Graduate), Skilled (Provisional) (Class VC) Subclass 485 (Temporary Graduate), and Skilled – Regional Sponsored (Provisional)(Class SP) Subclass 489 (Skilled – Regional (Provisional) visas.
- The Instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.
- Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- Consultation is 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.
- The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
- The Instrument, IMMI 15/035, commences on 18 April 2015.