EXPLANATORY STATEMENT
Migration Regulations 1994
SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES, COUNTRIES AND POINTS FOR GENERAL SKILLED MIGRATION VISAS
(REGULATION 1.15I, SUBREGULATION 2.26B(1), SUBPARAGRAPHS 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) AND 1229(7)(b)(ii)
- This Instrument is made under regulation 1.15I of Division 1.2 of Part 1 of the Migration Regulations 1994 (‘the Regulations’) and subregulation 2.26B(1) of Division 2.6 of Part 2 of the Regulations and subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of Schedule 1 to the Regulations.
2. Regulation 1.15I(1)(a) of the Regulations provides that a skilled occupation, in relation to a person, means an occupation of a kind that is specified by the Minister in an instrument in writing to be a skilled occupation.
3. Subregulation 2.26B(1) of the Regulations provides that, subject to subregulation 2.26B(1A) the Minister may, by an instrument in writing, specify a person or body as the relevant assessing authority for a skilled occupation and one or more countries for the purposes of an application for a skills assessment made by a resident of one of those countries.
4. Subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of the Regulations specifies the skilled occupations, assessing authorities and countries that are required to make a valid application or satisfy the criteria for the grant of a General Skilled Migration Visa.
5. The purpose of the Instrument is to:
- address the validity of certain General Skilled Migration (GSM) skills assessments made after an amendment to the Regulations came into effect on 1 July 2007 (such amendment stated that the Minister for Immigration must not make an instrument that specifies a relevant assessing authority for an occupation unless the body was approved in writing by the Education Minister or Employment Minister);
- subsequently, specify assessing authorities for an occupation that have been approved in writing by the Education Minister or Employment Minister.
6. The Instrument operates to specify skilled occupations, the relevant ANZSCO code for an occupation, country (for application of skills assessment made by the resident of that country) and the relevant assessing authority for that occupation.
7. Consultations with the Department of Education, Employment and Workplace Relations were undertaken, as necessary.
8. The Office of Best Practice Regulation was consulted in relation to the new points test and has advised that a Regulatory Impact Statement is not required (OBPR Reference 13063).
9. The Instrument, IMMI 11/069, commences on 1 October 2011.