EXPLANATORY STATEMENT
Migration Regulations 1994
INSTITUTIONS AND DISCIPLINES FOR SUBCLASS 476
(SKILLED – RECOGNISED GRADUATE) VISAS
(Clause 476.212)
- This Instrument is made under clause 476.212 of the Migration Regulations 1994 (‘the Regulations’).
2. Clause 476.212 of the Regulations provides that the applicant must have (a) completed a course in the period of 24 months ending immediately before the day on which the application is made; and (b) at an institution specified by the Minister in an instrument in writing for the paragraph, for the award of a degree or higher qualification in a discipline specified in an instrument in writing for the clause.
3. This Instrument revokes Instrument number IMMI 10/053 signed on 17 September 2010. The purpose of the Instrument is to specify educational institutions, as well as Engineering as a discipline, for the purposes of paragraph 476.212. The new Instrument incorporates the addition of Washington Accord to the list of institutions.
4. The Instrument operates to increase numbers of graduate engineers working in Australia and address the current skills shortage in this occupation. The Instrument applies to persons applying for a subclass 476 visa who must have completed their engineering degree at a Recognised Institution as specified in the Instrument.
5. The Department of Foreign Affairs and Trade, the Canadian High Commission, together with various mining and resource peak bodies and Engineers Australia, were consulted before the Instrument was made.
6. The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (OBPR Reference 14127).
7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8. The instrument commences on 1 October 2012.
Overview
The Migration Regulations 1994, as amended by the instrument F2012L01948, introduce specific requirements for applicants seeking a subclass 476 (Skilled – Recognised Graduate) visa. Enacted by the Parliament of Australia, this legislation aims to address the skills shortage in engineering by ensuring that applicants complete their engineering degrees at institutions recognised under the Regulations. Clause 476.212 mandates that the applicant must have completed a degree within 24 months prior to the application and at an institution specified by the Minister. This particular instrument revokes the previous Instrument number IMMI 10/053 and updates the list of recognised institutions to include those aligned with the Washington Accord, thereby broadening the scope of eligible educational providers. The policy objective is to facilitate an increase in the number of graduate engineers in Australia, thereby directly contributing to the nation's skilled workforce.
Scope and Application
The Instrument, made under the Migration Regulations 1994, specifies the institutions and disciplines applicable for individuals seeking a subclass 476 (Skilled – Recognised Graduate) visa, focusing particularly on the engineering field. It mandates that applicants must have completed a degree or higher qualification in a discipline, such as engineering, from an institution specified in the Instrument within the 24 months preceding the visa application. The Instrument revokes the previous directive (Instrument number IMMI 10/053) and includes new specifications, notably the addition of the Washington Accord to the list of recognised institutions. This regulatory change aims to increase the number of graduate engineers in Australia and tackle the existing skills shortage in this sector. The regulations apply to applicants for the subclass 476 visa who must have completed their degree at a recognised institution as detailed in the Instrument. The Instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility, as advised by the Office of Best Practice Regulation. It came into effect on 1 October 2012.
Key Provisions
The primary sections of this legislative instrument (F2012L01948) under the Migration Regulations 1994 (Regulations) concern the criteria for applicants seeking a subclass 476 (Skilled – Recognised Graduate) visa (clause 476.212). Specifically, applicants must have completed a course within the 24 months prior to their application and at an institution specified by the Minister (sections 2(a) and 2(b)). This Instrument revokes the previous Instrument IMMI 10/053 signed on 17 September 2010, and updates the list of eligible educational institutions and disciplines, now including the Washington Accord and Engineering as a recognised discipline.
This legislative instrument imposes specific obligations on applicants for the subclass 476 visa. The main obligation is that applicants must complete their degree from an institution specified in the new Instrument, which now includes institutions adhering to the Washington Accord. This requirement ensures that the educational background of visa applicants aligns with recognised international standards, thus addressing the skills shortage in engineering occupations within Australia. Furthermore, the instrument stipulates that the degree must be in a discipline specified by the Minister, currently including Engineering, thereby directly targeting the need for skilled graduates in this field.
Non-compliance with the provisions outlined in this instrument may result in serious consequences for the applicants. While the document does not explicitly detail offences or penalties, breaches of the Migration Regulations 1994 generally may lead to the refusal of a visa application, deportation, or bans on future applications. The overarching legislative framework governing the Migration Act 1958 (Cth) provides for various penalties, including fines and imprisonment, for breaches related to visa applications and conditions. Therefore, applicants must ensure strict adherence to the stipulated educational and institutional requirements to avoid such repercussions.