Overview

The Migration Regulations 1994, as amended by the instrument F2008L01127, were enacted to address the need for a comprehensive and updated list of skilled occupations eligible for points under the General Skilled Migration visa scheme. This regulation was introduced by the Australian Government to ensure that the assessment of skilled migrants aligns with the current occupational standards and requirements of the Australian labour market. The instrument specifies the occupations eligible for points, the relevant assessing authorities responsible for evaluating the skills of applicants, and the points assigned to each occupation under the Schedule 6B points test. This was achieved through consultation with relevant departments and bodies, such as the Department of Education, Employment and Workplace Relations (DEEWR) and the Australian Maritime Safety Authority (AMSA). The overarching policy objective of this regulation is to maintain a skilled migration system that accurately reflects the skills and qualifications of migrants, thereby ensuring they can contribute effectively to the Australian workforce.

Scope and Application

The Migration Regulations 1994, specifically Regulation 1.03, define skilled occupations as those occupations for which a certain number of points are available, as detailed in an instrument. This regulation also establishes that the relevant assessing authority is a person or body specified under subregulation 2.26B(1). The latter subregulation allows the Minister to designate a person or body in writing as the relevant assessing authority for skilled occupations, targeting the residents of one or more countries. This Instrument, IMMI 08/004, specifies the list of skilled occupations, the bodies responsible for assessing the applicant’s suitability for those occupations in Australia, and the points available for each occupation under the Schedule 6B points test. It operates by detailing the occupations, assigning the number of points for each, and naming the relevant assessing authorities for each occupation for residents of one or more countries. The Australian Standard Classification of Occupations (ASCO) is incorporated by reference. The regulations apply to all principal applicants for a General Skilled Migration visa, who must nominate a skilled occupation and have their skills assessed as satisfactory by the relevant assessing authority. The Instrument excludes certain occupations and includes others based on advice from relevant authorities such as the Australian Maritime Safety Authority (AMSA). This Instrument, IMMI 08/004, commences on 26 April 2008.

Key Provisions

The key sections of the Migration Regulations 1994, as modified by this Instrument, define skilled occupations, relevant assessing authorities, and the points awarded for each occupation under the points test for general skilled migration (reg 1.03, subreg 2.26B(1)). The Instrument specifies the skilled occupations, the number of points available for each, and the bodies authorised to assess the skills of applicants from one or more countries (reg 1.03, subreg 2.26B(1)). Principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed by the relevant authority as specified in the Instrument (subreg 2.26B(1), subps 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)). The Australian Standard Classification of Occupations (ASCO) is referenced to assist in identifying skilled occupations (item 6A11, 6A12, 6A13). Under this Act, relevant assessing authorities are designated by the Minister through an instrument in writing for skilled occupations, applicable to residents of one or more countries (subreg 2.26B(1)). These authorities are responsible for issuing skills assessments for applicants seeking to migrate under the general skilled migration program. The assessing authorities must ensure that the skills of applicants meet the specified criteria for the nominated occupation. The Australian Bureau of Statistics' Australian Standard Classification of Occupations (ASCO) is referenced to assist in identifying skilled occupations. The Act imposes several obligations on parties and entities it governs. Principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory by the relevant assessing authority specified in the Instrument (subreg 2.26B(1), subps 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)). Relevant assessing authorities must ensure that the skills of applicants meet the criteria for the nominated occupation and issue the necessary assessments. The Australian Maritime Safety Authority (AMSA) and Vocational Education and Training Assessment Services (VETASSESS) are designated as relevant assessing authorities for specific occupations. Breaches of the requirements set out in the Instrument may result in civil or criminal penalties. While the Instrument does not explicitly state the penalties for non-compliance, breaches of the Migration Regulations 1994 can lead to significant penalties under the Migration Act 1958. These may include fines, imprisonment, or both, depending on the nature and severity of the breach. Additionally, applicants who provide false or misleading information in their visa applications may face refusal of their visa application, cancellation of an existing visa, or other civil or criminal consequences.