Overview

The Migration Regulations 1994, amended by the notice F2005L01614, were enacted to address the need for clarity and efficiency in the Regional Sponsored Migration Scheme (RSMS) and the regional subclass 457 Business (Long Stay) program. This legislation was introduced to ensure that only specified bodies can certify nominations from regional employers, thus maintaining the integrity and requirements of the scheme. The notice provides a new list of approved Regional Certifying Bodies (RCBs) and defines which areas of Australia qualify as regional for these specific visa programs. This update follows extensive consultations with State and Territory Governments to provide a precise and easily understood method for employers and clients to determine their eligibility under the government's RSMS and regional subclass 457 Business (Long Stay) visa programs. The notice commenced on the first moment of the day following its registration, as stipulated in the Legislative Instruments Act 2003.

Scope and Application

The Migration Regulations 1994, as amended by the Instrument F2005L01614, pertain to the Regional Sponsored Migration Scheme (RSMS) and the regional subclass 457 Business (Long Stay) program, which are designed to facilitate the entry of skilled migrants to regional areas of Australia. The Act applies to regional employers, specified Regional Certifying Bodies (RCBs), and applicants for the subclass 457 visa, all of whom must adhere to the requirements outlined in the Regulations. The instrument establishes a new list of approved RCBs and defines regional postcodes, thereby determining the geographic scope of the RSMS and the regional subclass 457 program. This legislation is effective across the Commonwealth and is subject to the legislative instruments outlined in the Migration Regulations 1994. The commencement of the instrument is set at the first moment of the day following its registration, as stipulated in the Legislative Instruments Act 2003. The instrument excludes any areas not specified in the schedules detailing the regional postcodes, which were developed through consultations with relevant state and territory governments.

Key Provisions

The Migration Regulations 1994, as updated through the explanatory statement F2005L01614, introduces several key provisions to the Regional Sponsored Migration Scheme (RSMS) and the regional subclass 457 Business (Long Stay) program. Section 5.19(4)(e) specifies that only a designated body can certify that a nomination submitted by a regional employer meets the requirements outlined in paragraphs 5.19(4)(a) to (c). Furthermore, subregulation 5.19(5) mandates that regional Australia is defined by the specific areas detailed in a Gazette Notice. Paragraph 1.20GA(1)(e) also states that only a specified body can certify that a nomination meets the criteria set out in paragraph 1.20GA(1). Additionally, paragraph 2.43(1)(1a) outlines a prescribed ground for cancelling a subclass 457 Business (Long Stay) visa under section 116 of the Migration Act 1958. The obligations imposed by these provisions are multifaceted. Regional Certifying Bodies (RCBs) must ensure that they meet the criteria to be recognised as a designated body, and they must certify nominations from regional employers correctly before these are processed by the Department of Immigration and Multicultural Affairs (DIMIA). Employers, on the other hand, must ensure their nominations are certified by an approved RCB and that they operate within the defined regional areas as specified in the schedules of the instrument. This includes verifying that their operations fall within the postcodes designated as "regional" under the updated regulations. Failure to comply with these provisions can result in significant consequences. For instance, any breach of the certification requirements can lead to the cancellation of a subclass 457 Business (Long Stay) visa under the prescribed grounds outlined in paragraph 2.43(1)(1a). The maximum penalties for such breaches are not explicitly stated in the explanatory statement, but generally, penalties for visa cancellations can include fines and, in some cases, criminal charges. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Migration Act 1958. The explanatory statement also highlights that the instrument will update the list of RCBs, ensuring that they play a key role in both temporary and permanent entry regional programs by correctly certifying nominations. This update aims to provide a more precise and easily understood method for employers and other clients to determine their eligibility under the government’s RSMS and regional subclass 457 Business (Long Stay) visa programs. The schedules specifying the "regional" postcodes were developed after extensive consultations with State and Territory Government departments, ensuring that the definitions are in line with regional development policies and programs.