Overview

The instrument F2011L01242, known as the Migration Regulations 1994 Skilled Occupations, Relevant Assessing Authorities, Countries and Points for General Skilled Migration Visas, was enacted in 2011. This legislation was introduced to address the need to update the Skilled Occupations List for applicants of General Skilled Migration visas as well as to implement the provision allowing partner skill points to be awarded based on a spouse or de-facto partner's occupation, provided it is on the same version of the skilled occupations list as the primary applicant. The instrument was made under the authority of the Minister for Immigration and Citizenship, in accordance with the Migration Act 1958, and aims to incorporate technical changes relating to occupations and assessing authorities. The instrument is of a minor or machinery nature and was enacted without the necessity for consultation, as it does not substantially alter existing arrangements.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument, apply to skilled occupations, relevant assessing authorities, and countries pertinent to applications for general skilled migration visas. These regulations specifically target individuals who are either residents of designated countries and are seeking to obtain a skills assessment or are applying for a General Skilled Migration visa. The geographic scope of these regulations is broad, encompassing the Commonwealth of Australia and applying to any country that has been specified by the Minister as being relevant for the purposes of a skills assessment. The Instrument made under the Regulations serves to update the Skilled Occupations List, designate specific occupations as skilled, and specify the assessing authorities and countries involved in the assessment process. Notably, the Instrument does not require consultation under section 18 of the Legislative Instruments Act 2003 as it is deemed to be of a minor or machinery nature and does not substantially alter existing arrangements. This regulation is effective from 1 July 2011 and is designed to streamline and clarify the application process for skilled migration, ensuring that skilled occupations, assessing authorities, and countries are clearly defined and updated.

Key Provisions

The main operative sections of this legislation (Regulation 1.15I(1)(a) and subregulation 2.26B(1)) pertain to the specification of skilled occupations, relevant assessing authorities, countries, and the points system for general skilled migration visas under the Migration Regulations 1994. Regulation 1.15I(1)(a) details that a skilled occupation is one specified by the Minister in writing, while subregulation 2.26B(1) allows the Minister to designate specific persons or bodies as relevant assessing authorities for these skilled occupations, as well as certain countries whose residents can apply for a skills assessment. This instrument serves to update the Skilled Occupations List for General Skilled Migration visa applicants as of 1 July 2011, and also includes technical adjustments to occupations and assessing authorities. The obligations imposed by this legislation on the parties or entities it governs include compliance with the specified skilled occupations list, adherence to the designated assessing authorities for skills assessments, and following the points system for general skilled migration visas. For applicants, this means ensuring that their occupation is listed under the current Skilled Occupations List and obtaining a skills assessment from the relevant assessing authority if they reside in the specified country. The Minister, on the other hand, is obligated to specify the skilled occupations, relevant ANZSCO codes, countries, and assessing authorities in writing as per the Regulations. In terms of offences, penalties, or consequences for breach, the explanatory statement does not explicitly detail specific civil or criminal penalties for non-compliance with these provisions. However, breaches of the Migration Regulations 1994, which are enforced by the provisions in this instrument, can lead to significant consequences for applicants, including visa refusals, deportation, and bans from future visa applications. The precise penalties for breaches are outlined in other sections of the Migration Act 1958 and related regulations, which can include fines and imprisonment for more serious offences.