Overview

The Migration Regulations 1994 were enacted to provide a comprehensive regulatory framework for managing migration into Australia. The problem this legislation addresses includes the need to facilitate the entry of skilled migrants who possess in-demand skills, thereby addressing workforce shortages and enhancing economic growth. This is achieved through the specification of certain skilled occupations as "migration occupations in demand," which is managed under regulation 1.03 of the Regulations. The enacting body is the Australian Parliament, and the policy objective is to streamline the entry of skilled migrants by recognising occupations that are critical to the Australian labour market. The explanatory statement outlines the process of updating the Migration Occupations in Demand List (MODL), which involves consultation with the Department of Employment and Workplace Relations to ensure the list reflects current skills-in-demand research. This Instrument, IMMI 07/008, which adds and removes occupations from the MODL, was introduced to ensure the list remains relevant and responsive to changing economic conditions.

Scope and Application

The Migration Occupations in Demand Instrument 2007 specifies skilled occupations as migration occupations in demand for the purposes of regulation 1.03 of the Migration Regulations 1994. This regulation defines a “migration occupation in demand” as a skilled occupation specified by a Gazette Notice. The Instrument is designed to identify occupations that are in demand in the Australian labour market and to facilitate the entry of migrants under the General Skilled Migration Program who possess the required specialist skills. It operates by adding or removing specific occupations from the Migration Occupations in Demand List, which is referenced in the Regulations. The list is updated based on consultations with the Department of Employment and Workplace Relations, which provides information on skills in demand as determined by its research. The Instrument applies to individuals who apply for a General Skilled Migration permanent points-tested visa and who nominate an occupation on the updated list, as these applicants receive priority processing and additional points under the general points test. The Instrument commenced on 30 July 2007, and it adds 10 new occupations to the list while removing one trade occupation. The scope of the Instrument is limited to occupations specified by Gazette Notice and does not extend to other areas of migration or employment not covered by the General Skilled Migration Program.

Key Provisions

The primary operative sections of the instrument are regulations 1.17 and 1.03 of the Migration Regulations 1994. Regulation 1.17 allows the Minister to specify, through a notice published in the Gazette, matters required by individual provisions of the Regulations. Regulation 1.03 defines "migration occupation in demand" as a skilled occupation specified by a Gazette Notice as such. This instrument specifies skilled occupations as migration occupations in demand for the purposes of regulation 1.03. These occupations are identified using the Australian Standard Classification of Occupations (ASCO) classification system. This instrument imposes several obligations and requirements on the entities it governs. The Minister, under regulation 1.17, must specify skilled occupations that are in demand, and this specification must be published in the Gazette. This ensures transparency and clarity for applicants and other stakeholders. Additionally, the Department of Employment and Workplace Relations (DEWR) is required to provide information based on their skills-in-demand research to facilitate the updating of the Migration Occupations in Demand List (MODL). This research underpins the identification of occupations that are currently needed in the Australian labour market. There are no specific offences, penalties, or consequences for breach mentioned in the instrument itself. However, any failure to comply with the regulations and the specified requirements could potentially lead to administrative consequences under the Migration Act 1958, such as delays or refusals in visa processing. The Migration Act includes various provisions that allow for the imposition of penalties for breaches, which may include fines and, in some cases, imprisonment. The exact penalties would be determined by the courts based on the nature and severity of the breach. The instrument adds ten new occupations to the MODL, including three professional occupations, one information and communication technology occupation, and six trade occupations. Conversely, it removes one trade occupation from the list. This update is based on the latest skills-in-demand research conducted by DEWR. By including these occupations, the instrument aims to streamline the entry process for migrants with in-demand skills under the General Skilled Migration (GSM) Program. This inclusion entitles applicants for GSM permanent points-tested visas who nominate an occupation on the updated MODL to priority processing and additional points under the general points test, provided they have a full-time job offer. This encourages the migration of skilled workers who can immediately contribute to the Australian labour market.