Overview

The Migration Regulations 1994, enacted to govern the administration of the Migration Act 1958, was introduced to address the need for a structured and regulated framework governing the migration of people into and within Australia. This regulatory framework aims to ensure that migration policies and practices align with national interests, while facilitating the orderly flow of immigrants and visitors. The Regulations were established by the Parliament of Australia to provide detailed rules and procedures for the implementation of the Migration Act, ensuring comprehensive oversight and management of migration processes. This particular instrument, made under the authority of the Migration Regulations 1994, serves to specify the Regional Certifying Bodies responsible for verifying certain nominations under the Regional Sponsored Migration Scheme and subclass 457 Business (Long Stay) visa programs. By defining these bodies and the postcodes that constitute regional Australia, the instrument aims to ensure that visa applicants meet the necessary regional requirements. The policy objective is to maintain the integrity of these migration programs by clearly delineating the entities authorised to certify nominations and the geographic areas considered regional for the purposes of these visas.

Scope and Application

The Regional Certifying Bodies and Postcodes Defining Regional Australia for Certain Visas Instrument 2008 outlines the entities authorised to certify specific nominations under the Regional Sponsored Migration Scheme and subclass 457 Business (Long Stay) visa programs. This Instrument applies to bodies and individuals who must certify that employer nominations or other specific nominations meet the required criteria, as stipulated in the Migration Regulations 1994. It also defines regional Australia in terms of postcodes for the purpose of these visa programs. The specified Regional Certifying Bodies include the Tasmanian Department of Economic Development, the Department of Innovation, Industry and Regional Development, and Roma Regional Council, which replace previously listed bodies. The Instrument specifies the geographic reach by detailing the postcodes that define regional Australia, which is a criterion for eligibility under certain visa programs. This legislative instrument is made under specific provisions of the Migration Regulations 1994 and commences upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary sections of the Migration Regulations 1994, as amended by this Instrument, include paragraph 5.19(4)(e) which specifies that only a body designated for this purpose may certify that an employer nomination meets the requirements of paragraphs 5.19(4)(a), (b) and (c). Similarly, paragraph 1.20GA(1)(e) mandates that only a specified body may certify that a nomination meets the criteria of paragraphs 1.20GA(1)(a), (b), (c) and (d). Subregulation 5.19(5) defines 'regional Australia' as a part of Australia specified by a Gazette Notice. Paragraph 2.43(1)(la) provides the basis for cancelling a visa if the visa holder, who was granted a subclass 457 Business (Long Stay) visa on the basis of employment by a business sponsor, is living or working in an area specified by a Gazette Notice. The Act imposes specific obligations on the Regional Certifying Bodies. These bodies must certify that the nominations they review meet the statutory requirements outlined in the Migration Regulations 1994. Additionally, the Instrument specifies particular bodies in each state and territory responsible for this certification process, such as the Tasmanian Department of Economic Development and the Department of Innovation, Industry and Regional Development. These bodies must ensure that the nominations they certify align with the criteria set forth in the Regulations. Failure to comply with the requirements set out in the Regulations can result in significant consequences. The Act outlines that the visa of a subclass 457 Business (Long Stay) visa holder may be cancelled if they are living or working in an area specified by a Gazette Notice, contrary to the conditions of their visa. Such cancellation is a serious administrative action that can lead to the visa holder being required to leave Australia. While the specific penalties are not detailed in the Instrument, the consequences of non-compliance are severe, potentially impacting the visa holder's ability to remain in the country.