EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF EDUCATIONAL INSTITUTIONS, LOCATION OF CAMPUSES AND POSTCODES FOR THE PURPOSES OF ITEMS 6A1001 AND 6A1002 OF SCHEDULE 6A TO THE MIGRATION REGULATIONS 1994
- This Instrument is made under regulation 1.17 and items 6A1001 and 6A1002 of Schedule 6A to the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 provides that the Minister may, by Notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Items 6A1001 and 6A1002 of Schedule 6A of the Regulations provide that an additional 5 points are available where for Item 6A1001 an applicant:
- has met the requirements for award of a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) by an Australian educational institution specified in a Gazette Notice for this item; and
- all instruction was provided in English; and
- the location of the campus where the applicant studied is specified in the Gazette Notice; and
- while undertaking the 2 years of full time study, the applicant lived in a part of Australia, the postcode of which is specified in the Gazette Notice; and
- study undertaken did not constitute distance education.
4. For Item 6A1002 an applicant:
- has met the requirements for award of a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) by an Australian educational institution specified in a Gazette Notice for this item as a result of less than 2 years of full time study; and
- the location of the campus where the applicant studied is specified in the Gazette Notice; and
- before meeting the requirements for the award of that degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution or another Australian educational institution, the applicant met the requirements for the award of at least one other degree, diploma or trade qualification ; and
- all instruction for each of the degrees, diplomas or trade qualifications completed by the applicant as a result of a minimum of 2 years full time study was conducted in English; and
- while undertaking the 2 years of full time study, the applicant lived in a part of Australia , the postcode of which is specified in the Gazette Notice; and
- study undertaken did not constitute distance education.
5. The purpose of this Instrument is to:
- revoke all previous Gazette Notices and Legislative Instruments specifying Regional and Low Population Growth Metropolitan Areas for the purposes of items 6A1001 and 6A 1002 of Schedule 6A to the Regulations; and
- specify educational institutions that have a campus or campuses with a postcode located in a regional or low population growth metropolitan area for the purposes of items 6A1001 and 6A1002.
6. The Instrument operates to list in Schedule 1 those educational institutions operating a campus or campuses located within a postcode or postcode range as listed in Schedule 2. In Schedule 2, the postcode or postcodes ranges listed are located in a regional or low population growth metropolitan area.
7. The purpose of the Instrument is to ensure all campuses located in regional and low population growth metropolitan areas are properly identified. Previous Gazette Notices listed the Educational Institution and the name of each campus operated by the institution that is located in a regional and low population growth metropolitan area. This required regular revision of the Gazette Notice whenever campuses were, for whatever reason, not listed in the schedule.
8. This Instrument does not substantially alter existing arrangements. As such, consultation was unnecessary (paragraph 18(2)(a) of the Legislative Instruments Act 2003 refers).
9. The Instrument commences on 1 November 2005.
Overview
The "Migration Regulations 1994" were enacted to provide a legal framework for the regulation of migration to Australia, addressing the need for structured and systematic management of immigration. This legislation was created by the Australian Parliament and seeks to ensure that immigration processes are orderly and fair, while also facilitating the entry of skilled workers, students, and other migrants who can contribute to the nation's social and economic growth. The Explanatory Statement for the "Specification of Educational Institutions, Location of Campuses and Postcodes" legislative instrument, F2005L03327, made under regulation 1.17 of the Migration Regulations 1994, clarifies that it revokes previous notices and specifies educational institutions located in regional or low population growth metropolitan areas. This aims to streamline the identification of eligible institutions for the purposes of additional points in visa applications, ensuring that all campuses in designated areas are accurately listed and reducing the need for frequent updates.
Scope and Application
The Migration Regulations 1994, as specified by the legislative instrument F2005L03327, apply to applicants seeking to qualify for additional points under items 6A1001 and 6A1002 of Schedule 6A to the Migration Regulations 1994. These applicants must have completed a degree, diploma, or trade qualification from an Australian educational institution that is specified in the relevant Gazette Notice, with all instruction provided in English. The location of the campus where the applicant studied must also be specified in the Gazette Notice, and the applicant must have lived in a part of Australia during their full-time study that corresponds to a postcode listed in the Notice, with the study not constituting distance education. The instrument specifically targets educational institutions with campuses situated within regional or low population growth metropolitan areas, as identified by the postcodes listed in Schedule 2. The instrument revokes all previous Gazette Notices and legislative instruments that specified these areas for the purposes of items 6A1001 and 6A1002, and it operates by listing in Schedule 1 the educational institutions with campuses in postcodes listed in Schedule 2, thereby ensuring these institutions are properly identified for the purposes of the Migration Regulations.
Key Provisions
The Migration Regulations 1994, as amended by this Instrument, contain specific provisions under items 6A1001 and 6A1002 of Schedule 6A. These items allow an additional 5 points in the points test for skilled migration for applicants who have completed certain educational qualifications under specified conditions (s. 1.17). For item 6A1001, applicants must have completed a degree, diploma, or trade qualification in English at an Australian institution listed in a Gazette Notice, with all instruction provided in English, and have resided in a specified postcode area for at least two years of full-time study, excluding distance education. For item 6A1002, applicants must also meet the criteria for less than two years of full-time study, have completed another degree, diploma, or trade qualification, and met all other conditions similar to item 6A1001.
The Act imposes specific obligations on educational institutions and applicants. Educational institutions must ensure that their campuses are listed in a Gazette Notice if they are located in specified postcode areas. Applicants, on the other hand, must meet the educational and residency requirements as specified in the Regulations to qualify for the additional points. The Minister is tasked with publishing a Gazette Notice that specifies the educational institutions and campuses located in regional or low population growth metropolitan areas, ensuring transparency and accessibility of information.
Breaching the conditions set out in the Regulations may lead to penalties. Although the specific penalties are not detailed in this Instrument, under the Migration Act 1958, non-compliance with migration laws can result in civil or criminal penalties, including fines and imprisonment. The exact penalties depend on the nature and severity of the breach. The Regulations themselves do not specify maximum penalties, but related provisions in the Migration Act outline potential consequences for non-compliance.