Overview

The Migration Regulations 1994, as amended by F2012L01322, were enacted to address the need for a structured and updated framework for skilled occupation lists and assessing authorities in Australia's skilled migration program. This legislative instrument, made under the Migration Act 1958, allows the Minister to specify which occupations are considered skilled and which assessing authorities are responsible for evaluating the qualifications of applicants from certain countries. The primary objective of this regulation is to streamline the skilled migration process by ensuring that applicants who lodged their applications after 1 July 2012 have continued access to the skilled occupation lists in effect on that date. Additionally, the regulation aims to maintain the transitional arrangements announced by the government on 8 February 2010, thus providing certainty and consistency for applicants eligible for these arrangements. This regulation was enacted by the Parliament of Australia and does not require a Human Rights Statement of Compatibility or a Regulatory Impact Statement due to its minor nature and the fact that it does not substantially alter existing arrangements.

Scope and Application

The Migration Regulations 1994, as amended by the legislative instrument F2012L01322, pertain to the designation of skilled occupations, the identification of relevant assessing authorities, and the specification of countries and points requirements for general skilled migration visas and certain other visas. This legislation applies to individuals or entities, including specific persons or classes of persons, who seek to nominate a skilled occupation and have their skills assessed for eligibility in general skilled migration visas. The instrument provides a mechanism for the Minister to specify skilled occupations and related matters through written instruments, ensuring that the skilled occupations list and assessment processes are kept current and aligned with policy objectives. The geographic reach of these regulations is national, as they govern the entire process of skilled migration within Australia. The instrument exempts itself from disallowance under section 44 of the Legislative Instruments Act 2003 and does not require a Human Rights Statement of Compatibility due to its minor or machinery nature. The instrument commenced on 1 July 2012, providing continuity to transitional arrangements and ensuring that applicants who lodged applications on or after this date retain access to the skilled occupation list in effect on 8 February 2010.

Key Provisions

The Migration Regulations 1994, as amended by this instrument, set out the skilled occupations and criteria for the grant of a General Skilled Migration visa. Regulation 1.15I allows the Minister to specify occupations as skilled for the purposes of visa applications and subregulation 2.26AA(2) and 2.26AB(2) specify the qualifications and points required for applicants. Subregulation 2.26B(1) empowers the Minister to designate assessing authorities for skilled occupations, and 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) and 1229(7)(b)(ii) detail the specific occupations, assessing authorities, and countries involved. Applicants for a Skilled visa must nominate a skilled occupation and have their skills assessed by the relevant authority as specified in the Regulations. The Regulations impose obligations on applicants for a Skilled visa to ensure they meet the primary criteria. Specifically, applicants must nominate a skilled occupation and undergo an assessment by the relevant authority designated under subregulation 2.26B(1). This involves providing documentation and evidence to prove their skills are suitable for the nominated occupation, as outlined in the relevant subparagraphs. Failure to comply with these requirements may result in the application being deemed invalid or the visa not being granted. There are no explicit offences or penalties stated in the document for breaches of these provisions. However, non-compliance with the Regulations, such as failing to nominate a skilled occupation or undergo the required assessment, may lead to the application being rejected or the visa not being granted. The consequences of non-compliance are primarily administrative, as the Regulations focus on ensuring that applicants meet the necessary criteria for a Skilled visa.