Migration Regulations 1994 - Specification of Occupations and Assessing Authorities - IMMI 12/061

Overview

The Migration Regulations 1994, as amended, include a provision that specifies occupations and assessing authorities for applicants of a Subclass 187 visa. This regulation was introduced to address the need for a formalised system to assess the skills of visa applicants in specified occupations, ensuring that their qualifications are recognised and appropriate for the occupations they intend to pursue in Australia. Enacted by the Parliament of Australia, the underlying policy objective is to maintain the integrity of the migration system by verifying that applicants possess the necessary skills and qualifications for their nominated occupations, which is crucial for both the labour market and the applicants themselves. This regulation provides a structured framework for assessing the skills of non-Australian qualified applicants, thus ensuring that the migration process aligns with Australia’s skill and labour requirements. The Instrument, IMMI 12/061, specifies that Trades Recognition Australia (TRA) and VETASSESS are the authorised assessing authorities for conducting assessments of the skills of applicants for specified occupations listed in Schedule 1. This approach was developed following extensive consultation with various stakeholders including government departments, industry organisations, unions, and professional bodies, to ensure a comprehensive and inclusive process. The regulation commenced on 1 July 2012, following the introduction of the Migration Amendment Regulation 2012 (No. 2), and it exempts from disallowance under section 44 of the Legislative Instruments Act 2003, thus not requiring a Human Rights Statement of Compatibility.

Scope and Application

The Migration Regulations 1994, specifically the instrument IMMI 12/061, applies to applicants for a Subclass 187 visa who need to have their skills assessed for certain occupations listed by the Minister. The instrument is made under Paragraph 187.234(b) and specifies that if an applicant’s occupation is listed and the qualification for that occupation was not obtained in Australia, an assessing authority must evaluate the applicant’s skills. This instrument designates two authorised assessing authorities, Trades Recognition Australia (TRA) and VETASSESS, to conduct these assessments for the occupations detailed in Schedule 1 of the instrument. The instrument has a national jurisdictional reach and applies to all applicants who meet the specified criteria, ensuring consistency and compliance in the assessment process for the purposes of visa applications. It is important to note that the instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility under section 44 of the Legislative Instruments Act 2003.

Key Provisions

The Migration Regulations 1994, as specified in the explanatory statement for the Migration Regulations 1994 (Specification of Occupations and Assessing Authorities) 2012 (F2012L01281), introduce a critical requirement for applicants seeking a Subclass 187 visa. Specifically, section 187.234(b) mandates that if an applicant's occupation is listed in the regulations, and the required qualification for that occupation was not obtained in Australia, the applicant's skills must be assessed by an authorised assessing authority. This section ensures that the skills of visa applicants meet the necessary standards for their specific occupations. The key operative sections of this legislation outline which occupations require assessment and which bodies are authorised to conduct these assessments. The obligations imposed by this legislation on the parties involved are straightforward but crucial. For applicants, the main obligation is to ensure their skills are assessed by one of the specified authorities if their occupation is listed in the regulations and if their qualification was not obtained in Australia. For the assessing authorities, the obligation is to conduct a thorough assessment of the applicant's skills and provide a certification that meets the standards set by the Minister. This ensures that the immigration process is rigorous and that only qualified individuals are granted visas. The two authorised assessing authorities, Trades Recognition Australia (TRA) and VETASSESS, must adhere to the guidelines and standards set forth by the Minister to ensure the assessments are valid and reliable. The Migration Regulations 187.234(b) also outline the consequences for non-compliance with the provisions of the legislation. Failure to comply with the requirement to have one's skills assessed by an authorised authority, if applicable, can lead to significant consequences. While the specific penalties are not detailed in the explanatory statement, it is clear that breaches of the regulations could result in the rejection of the visa application, and potentially, further legal repercussions. Given the stringent nature of the requirements, it is imperative for applicants and assessing authorities to adhere strictly to the provisions to avoid any adverse outcomes.