EXPLANATORY STATEMENT
Migration Regulations 1994
SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES AND POINTS FOR GENERAL SKILLED MIGRATION
((REGULATION 1.03, SUBREGEULATION 2.26B(1), SUBPARAGRAPHS 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii), 1229(7)(b)(ii) and ITEMS 6A11, 6A12, 6A13, 6B11, 6B12, 6B13)
- This Instrument is made under regulation
s 1.03, 1.17 and subregulation 2.26B(1), subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii), 1229(7)(b)(ii) of Schedule 1, items 6A11, 6A12, 6A13 of Schedule 6A and items 6B11, 6B12, 6B13 of Schedule 6B of to the Migration Regulations 1994 (“the Regulations”).
2. Regulation 1.03 of the Regulations defines the term skilled occupation as a skilled occupation for which a number of points specified in an instrument are available.
3. Regulation 1.03 of the Regulations also provides that relevant assessing authority means a person or body specified under regulation 2.26B.
4. Regulation 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
54. Subregulation 2.26B(1) of the Regulations provides that the Minister may, in an instrument in writing for this subregulation, specify a person or body as the relevant assessing authority for a skilled occupation, for the residents of one or more countries.
5. The Instrument operates to specify skilled occupations, the number of points awarded for each occupation and the bodies that are the relevant assessing authorities for each occupation for the residents of one or more countries.
6. All principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory for that occupation by the relevant assessing authority. The purpose of this Instrument is to specify the list of skilled occupations, the bodies responsible for assessing the applicant’s suitability for working in those skilled occupations in Australia and the points available for each skilled occupation under the Schedule 6B points test.
7. The following document is incorporated in the Instrument by reference:
- The Australian Standard Classification of Occupations (ASCO) (Second Edition) (ABS Catalogue No. 1220.0), available online from the Australian Bureau of Statistics at www.abs.gov.au/Ausstats.
89. The Instrument, IMMI 07/058, commences on 1 September 2007.
Overview
The Migration Regulations 1994, enacted by the Australian Government, aim to streamline the skilled migration process by specifying skilled occupations, the relevant assessing authorities, and the points awarded for each occupation under the General Skilled Migration visa scheme. This regulation addresses the need to efficiently manage and assess the skills of migrants applying for skilled occupations in Australia, ensuring that the migration system remains fair, transparent, and aligned with Australia's economic needs. The policy objective is to maintain a structured approach to skilled migration by clearly defining which occupations are considered skilled, which authorities are responsible for assessing applicants, and how many points each occupation is worth in the points test. This ensures that the assessment process is rigorous and consistent, and that migrants contribute effectively to the Australian workforce.
Scope and Application
The Migration Regulations 1994, as amended by the instrument F2007L02690, establish the framework for skilled migration to Australia by specifying skilled occupations eligible for visa points, identifying relevant assessing authorities, and determining the points available for each occupation under the Schedule 6B points test. This legislative instrument applies to all principal applicants for a General Skilled Migration visa who must nominate a skilled occupation and have their skills assessed by the relevant authority. The regulation defines a skilled occupation as one for which a specific number of points are available, and it designates the relevant assessing authorities, which can be a person or body specified under regulation 2.26B. These regulations are designed to ensure that applicants' skills are assessed against the standards required for employment in Australia. The instrument is applicable to residents of one or more countries as specified, and it operates by detailing the skilled occupations, the number of points awarded for each, and the bodies responsible for assessing the applicants' suitability for those occupations. The Australian Standard Classification of Occupations (ASCO) is incorporated by reference to provide a structured classification for occupations.
Key Provisions
The Migration Regulations 1994 (Regulations) define a skilled occupation under Regulation 1.03, which is an occupation for which a number of points are available under an instrument made under the Regulations. Regulation 1.17 allows the Minister to specify, by notice in the Gazette, matters required by individual provisions of the Regulations to be specified for the purposes of those provisions. Regulation 2.26B(1) empowers the Minister to specify a person or body as the relevant assessing authority for a skilled occupation for the residents of one or more countries. The Instrument made under these regulations specifies skilled occupations, the number of points awarded for each occupation, and the bodies responsible for assessing the applicant's suitability for working in those skilled occupations in Australia. These details are crucial for applicants seeking a General Skilled Migration visa, as they must nominate a skilled occupation and have their skills assessed by the relevant assessing authority to be eligible for points under the Schedule 6B points test.
The Regulations impose several obligations on parties involved in the skilled migration process. Principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed by the relevant assessing authority, as specified in the Instrument. The relevant assessing authority must ensure that the assessment process adheres to the criteria set out in the Regulations and the Instrument. Additionally, the relevant assessing authority is responsible for verifying the qualifications and experience of the applicant to ensure they meet the standards required for the nominated skilled occupation. Failure to comply with these obligations could result in the applicant being deemed ineligible for the visa.
Under the Regulations, breaches of the provisions specified in the Instrument can lead to various consequences, including civil and criminal penalties. For instance, providing false information or documents during the nomination or assessment process could result in the applicant being ineligible for a visa and potentially facing charges of fraud, which carry a maximum penalty of imprisonment for five years. Additionally, if the relevant assessing authority fails to conduct assessments in accordance with the Regulations, it may face administrative penalties. These penalties can include fines and, in severe cases, the suspension or revocation of the authority's accreditation to assess skilled migrants. The seriousness of the breach and the intent behind it will determine the exact nature and severity of the penalties imposed.