Migration Regulations 1994 - Specification of States and Territories - November 2004

Overview

The Migration Act 1958, along with its subsidiary legislation, the Migration Regulations 1994, governs immigration matters in Australia. One legislative instrument under this framework is the "Specification of States and Territories for the Purposes of Paragraphs 134.222C(2)(a), 139.226(b), 863.226(b) and 882.225(b) of the Migration Regulations 1994," enacted in 2004. This legislative instrument was introduced to address the need for clarity and specification of the states and territories in which arrangements for suitable English-language training for visa applicants are established. The instrument was enacted by Amanda Vanstone, the then Minister for Immigration and Multicultural and Indigenous Affairs, under Regulation 1.17 of the Migration Regulations 1994, which empowers the Minister to specify such matters by notice in the Gazette. The policy objective is to ensure that visa applicants have access to suitable English-language training, thereby facilitating their integration into Australian society and meeting the requirements of their respective visa subclasses.

Scope and Application

The legislative instrument F2006B00210, which specifies states and territories for the purposes of certain paragraphs in the Migration Regulations 1994, applies to the states and territories that are designated as having suitable English-language training arrangements for visa applicants. This instrument revokes a previous notice specifying states and territories from 2002 and updates the list to include New South Wales, South Australia, Tasmania, Victoria, and the Northern Territory for specific provisions, while South Australia, Tasmania, and the Northern Territory are specified for another provision. This instrument is issued under the authority of the Migration Act 1958 and the Migration Regulations 1994, and it has effect from the date of its publication. It is pertinent for visa applicants who require English-language training as part of their visa application process and for entities or individuals providing such training in the specified states and territories. The instrument extends or restricts the application of the relevant provisions of the Regulations by specifying the geographical areas where such training arrangements are recognised.

Key Provisions

The legislative instrument (F2006B00210) under the Migration Act 1958 and Migration Regulations 1994, signed by Amanda Vanstone as the Minister for Immigration and Multicultural and Indigenous Affairs, revokes a previous notice from 10 December 2002 and updates the list of states and territories where arrangements for suitable English-language training are established for visa applicants. These updates are made under regulation 1.17 and pertain specifically to paragraphs 134.222C(2)(a), 139.226(b), 863.226(b), and 882.225(b) of the Migration Regulations 1994. The new notice identifies New South Wales, South Australia, Tasmania, Victoria, and the Northern Territory as states where such arrangements are established, while South Australia, Tasmania, and the Northern Territory are specified for a particular provision under paragraph 134.222C(2)(a). This change takes effect from the date of publication, 23 November 2004. The obligations imposed by this legislative instrument primarily concern the states and territories that are now specified as having suitable English-language training arrangements. These jurisdictions are expected to maintain and potentially improve the training programs to meet the criteria set out by the Migration Regulations 1994. The states and territories must ensure that these programs are accessible to visa applicants, thereby facilitating their integration and compliance with visa conditions. Additionally, the instrument requires ongoing coordination with the Department of Immigration and Multicultural and Indigenous Affairs to verify that the training meets the required standards. In terms of consequences for non-compliance, the legislative instrument does not explicitly outline specific offences, penalties, or civil or criminal consequences within its text. However, failure to meet the stipulated requirements could potentially lead to legal challenges or administrative actions against the states or territories that do not comply with the specified arrangements. Such non-compliance could result in visa applicants facing difficulties in obtaining necessary English language training, which might affect their visa status or eligibility. Although the specific penalties are not detailed within this legislative instrument, the overarching framework of the Migration Act 1958 and associated regulations would apply, where breaches could lead to sanctions as deemed appropriate by the relevant authorities.