EXPLANATORY STATEMENT
Migration Regulations 1994
- This Instrument is made under regulation 1.17 of Part 1 and items 6A1001 and 6A1002 of Schedule 6A to the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 of the Regulations 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 purpose of those provisions.
3. Schedule 6A to the Regulations sets out the qualifications and points for the general points test as it applies to the skilled migration visas. Relevantly, Part 10 of Schedule 6A sets out how additional points may be gained by people who have studied in regional Australia and low-population growth metropolitan areas. In particular, item 6A1001 provides that if 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) for award by an Australian educational institution specified in a Gazette Notice as a result of at least 2 years of full time study at a campus of that institution; and
- the location of the campus is specified in a Gazette Notice; and
- the applicant has lived in a part of Australia the postcode of which is specified in a Gazette Notice whilst the applicant undertook his/her 2 years of study; and
- the study undertaken was not distance education
then they are entitled to 5 points.
4. Item 6A1002 provides that if 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) for award by an Australian educational institution specified in a Gazette Notice as a result of less than 2 years of full time study at a campus of that institution whilst the applicant was present in Australia; and
- the location of the campus is specified in a 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, while the applicant was present in Australia, the applicant met the requirements for award of at least one other degree, diploma or trade qualification in Australia; and
- the applicant met the requirements for each degree, diploma or trade qualification as a result of a total of at least 2 years of full time study while the applicant was present in Australia; 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 of full time study was conducted in English; and
- the applicant lived in a part of Australia the postcode of which is specified in a Gazette Notice whilst the applicant undertook his/her 2 years of study; and
- the study undertaken was not distance education
then they are entitled to 5 points.
5. The purpose of the Instrument is to expand the list of institutions and campuses in Schedule 1 of the Legislative Instrument that are in ‘regional Australia’ or ‘low-population growth metropolitan areas’ and to specify those postcodes that form ‘regional Australia’ and ‘low population growth metropolitan areas’ for the purposes of allocating 5 additional points under the general points test.
6. The Instrument operates to specify educational institutions, campuses and postcodes that form regional Australia or a low population growth metropolitan area for the purpose of allocating 5 additional points under the general points test.
7. This Instrument does not substantially alter existing arrangements. As such, consultation was unnecessary (paragraph 18(2)(a) of the Legislative Instruments Act 2003 refers).
8. The Instrument commences on the first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).
Overview
The Migration Regulations 1994, amended by F2005L00658, were enacted to provide a framework for skilled migration to Australia. This legislative instrument was introduced to address a gap in the allocation of additional points under the general points test for skilled migration visas, specifically targeting those who have studied in regional Australia and low-population growth metropolitan areas. The objective of this amendment is to encourage skilled migrants to settle in these regions by offering an incentive of 5 additional points. The Minister for Home Affairs has the authority to specify the educational institutions, campuses, and postcodes that qualify for this additional point allocation under the Regulations. The policy aim is to support regional development and population distribution by attracting skilled migrants to less populous areas. The changes introduced by this instrument do not significantly alter existing arrangements, hence no consultation was deemed necessary. The amendments take effect from the moment the instrument is registered.
Scope and Application
The Migration Regulations 1994, as amended by this legislative instrument, primarily apply to individuals seeking skilled migration visas under the general points test, specifically those who have completed their studies in regional Australia or low-population growth metropolitan areas. This instrument specifies additional points for applicants who have undertaken at least two years of full-time study in these designated areas, provided the study was not conducted via distance education. The instrument is made under the authority of the Migration Act 1958 and the Migration Regulations 1994, and its reach is nationwide, affecting all applicants for skilled migration visas who meet the criteria outlined. The instrument does not introduce any new substantive changes but rather refines the existing framework by expanding the list of eligible educational institutions and campuses, as well as clarifying the geographical areas that qualify for the additional points. The commencement of this instrument is set for the first moment of the day following its registration, as stipulated in the Legislative Instruments Act 2003.
Key Provisions
The key provisions of this legislation, specifically under the Migration Regulations 1994, primarily concern the allocation of additional points for skilled migration visas. Regulation 1.17 (paragraph 2) allows the Minister to specify matters required by individual provisions of the Regulations through notices published in the Gazette. This specification is critical for the application of items 6A1001 and 6A1002 of Schedule 6A (paragraph 3), which pertain to the awarding of 5 additional points for skilled migration visa applicants who have completed their studies in specified regional or low-population growth metropolitan areas of Australia. The specified educational institutions, campuses, and postcodes are detailed in Schedule 1 of the Legislative Instrument.
The obligations imposed by this Act on parties, particularly applicants for skilled migration visas, are to ensure they meet the criteria outlined in items 6A1001 and 6A1002. This includes completing at least two years of full-time study at a specified Australian educational institution, residing in a specified postcode area during their studies, and ensuring their studies were not conducted through distance education (paragraph 3). Additionally, applicants must have met the requirements for at least one other degree, diploma, or trade qualification in Australia if they have completed less than two years of full-time study at the institution where they earned their qualification (paragraph 4).
Failure to comply with the requirements stipulated in items 6A1001 and 6A1002 may lead to the applicant not being eligible for the additional 5 points in the general points test for skilled migration visas. However, the Explanatory Statement does not explicitly state any criminal or civil penalties for non-compliance with these provisions. Instead, the consequence of non-compliance is primarily the denial of the additional points, which may impact the applicant's overall score and chances of visa approval (paragraphs 3 and 4).