Overview

The Migration Regulations 1994, as amended by the legislative instrument F2011L02010, address the need to clarify and update the framework governing the assessment of skills for General Skilled Migration (GSM) visas, ensuring alignment with legislative amendments made on 1 July 2007. This legislative instrument, introduced by the Minister for Immigration under the authority granted by the Regulations, specifically targets the specification of skilled occupations, the relevant Australian and New Zealand Standard Classification of Occupations (ANZSCO) codes, the countries where applicants can apply for skills assessments, and the relevant assessing authorities. The purpose of this update is to rectify the validity of certain GSM skills assessments post the legislative amendment and to specify the assessing authorities that have been appropriately approved by the relevant Ministers. The instrument was developed following consultations with the Department of Education, Employment and Workplace Relations and has been deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation. It came into effect on 1 October 2011.

Scope and Application

The Migration Regulations 1994, as amended by IMMI 11/069, applies to skilled occupations, assessing authorities, and countries in the context of applications for General Skilled Migration (GSM) visas. Specifically, it addresses the validity of skills assessments made after the 1 July 2007 amendment to the Regulations, ensuring that any relevant assessing authority specified for a skilled occupation has been approved in writing by either the Education Minister or the Employment Minister. This legislative instrument operates to specify the skilled occupations, their ANZSCO codes, the countries from which applications for skills assessments will be accepted, and the relevant assessing authorities. The instrument is made under various subparagraphs of the Regulations and affects applicants for GSM visas who require a skills assessment, thereby ensuring that the specified authorities are properly recognised and that the occupations meet the required standards. It does not specify any exclusions, exemptions, or thresholds, but it extends its application through the subordinate instrument IMMI 11/069, which commenced on 1 October 2011.

Key Provisions

The primary sections of this instrument (Regulations 1.15I(1)(a) and 2.26B(1)) are fundamental in defining and regulating skilled occupations and the entities involved in their assessment. Regulation 1.15I(1)(a) allows the Minister to specify in writing which occupations are considered skilled, thereby establishing the criteria for such occupations under the Migration Regulations 1994. This specification ensures that only occupations meeting certain standards are eligible for skilled migration visas. Regulation 2.26B(1), on the other hand, empowers the Minister to designate certain persons or bodies as relevant assessing authorities for these skilled occupations and to specify countries where these assessments can be applied for. This delegation is critical for maintaining the integrity and credibility of the skills assessment process. The obligations imposed by these regulations are significant for both the assessing authorities and applicants. Assessing authorities must be formally approved by the Education Minister or Employment Minister, as per the instrument's requirements outlined in 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 approval process ensures that only qualified entities conduct the skills assessments necessary for visa applications. Applicants, on the other hand, must ensure that their applications are made through the designated assessing authorities and that they meet all specified criteria for the occupations they are seeking to have recognised. Failure to comply with these requirements can result in the application being deemed invalid. In terms of enforcement and consequences, the Regulations do not explicitly detail specific offences, penalties, or consequences for breaches within the text of this instrument. However, the overarching Migration Act 1958 (Cth) provides a framework within which breaches of migration regulations can be addressed. Generally, breaches of migration laws can lead to a range of civil and criminal penalties, including fines and imprisonment. For instance, providing false or misleading information in a visa application can result in a fine of up to 120 penalty units or imprisonment for up to two years, or both, under section 231D of the Act. Additionally, the Minister may cancel a visa if it was obtained through false or misleading information, further underscoring the seriousness with which migration law is enforced.