Overview

The Migration Regulations 1994 were enacted to regulate aspects of immigration to Australia, including the designation of areas where sponsored visa applicants can reside, work, and study. The explanatory statement for F2007L02654, made under regulation 1.17 and item 6701 of Schedule 6 of the Regulations, clarifies that the Minister for Immigration has the authority to specify designated areas by notice in the Gazette. This legislative instrument specifies these areas by state and territory, and where necessary, by postcode, for the purposes of the Skilled – Designated Area-sponsored and Skilled – Regional Sponsored visa subclasses. The primary objective of this regulation is to ensure that applicants for these visas, who are sponsored by Australian relatives, are required to live, work, and study only in the designated areas specified. The instrument, IMMI 07/060, came into effect on 1 September 2007, formalising the requirements and providing clarity for both applicants and sponsors regarding the geographical restrictions applicable to these visa categories.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument, apply to individuals and entities involved in the sponsorship of skilled migrants for the purposes of the Skilled – Designated Area-sponsored and Skilled – Regional Sponsored visa subclasses. Specifically, it applies to sponsors who must reside in an area designated by the Minister as a designated area under item 6701 of Schedule 6 of the Regulations. These areas are specified in the Schedule attached to this Instrument, delineating the geographic scope by state and territory, and as necessary, by postcode. The legislation's jurisdictional reach is national, impacting all states and territories within Australia. The primary exclusion from this legislation is any sponsor not residing in a designated area, as these individuals cannot sponsor applicants for the specified visa subclasses. The application of this regulation extends or restricts through subordinate instruments, which detail the specific designated areas in the attached Schedule. This Instrument, IMMI 07/060, came into effect on 1 September 2007, ensuring that any sponsored applicants granted a provisional visa are required to live, work, and study within these designated areas.

Key Provisions

The key operative sections of this legislation are regulation 1.17 and item 6701 of Schedule 6 of the Migration Regulations 1994. Regulation 1.17 empowers the Minister to specify matters required by individual provisions of the Regulations. Item 6701 of Schedule 6 of the Regulations provides that a sponsor must have been resident in an area specified in an Instrument in writing by the Minister as a designated area for the purpose of this item. This Instrument specifies in the Schedule by State and Territory, and as necessary by postcode, what is a designated area for the purpose of item 6701 of Schedule 6 of the Regulations. The purpose of this Instrument is to specify what areas are designated areas for the Skilled – Designated Area-sponsored and the Skilled – Regional Sponsored visa subclasses. The Act imposes obligations on parties, particularly those seeking to sponsor an applicant under the Skilled – Designated Area-sponsored and Skilled – Regional Sponsored visa subclasses. These obligations include ensuring that the sponsor has been resident in a designated area as specified in the attached Schedule of this Instrument. For applicants granted a provisional visa based on sponsorship, there is a condition that they live, work, and study only in a designated area. This condition is integral to the eligibility and requirements of these visa categories. Failure to comply with the provisions of this Instrument could result in civil or criminal consequences, though specific offences and penalties are not detailed within the Explanatory Statement provided. Generally, breaches of the Migration Regulations 1994 can lead to various penalties, including fines and imprisonment, depending on the nature and severity of the breach. The exact penalties would be governed by the broader provisions of the Migration Act 1958 and any related Regulations. The focus of this Instrument is to clarify the geographical areas that qualify as designated areas for the purposes of the specified visa subclasses.