Overview

The Migration Regulations 1994, as amended by F2005L04085, were enacted to address a gap in the provision of English language training arrangements for skilled migrants in the Australian Capital Territory (ACT). This regulation was introduced to allow the ACT to be specified as an area where English Language Concession arrangements are operational for the Skilled Designated Area Sponsored subclasses (134, 139, 863 and 882) categories. The policy objective is to enable sponsored applicants in these visa categories who only have functional English to meet the English language criteria, on the condition that they commit to upgrading their language skills to vocational English post-arrival. The Australian Capital Territory Government will provide the necessary English language training to eligible migrants on a fee-paying basis, with no financial impact on the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA). This regulation was made under the authority of the Minister for Immigration and Multicultural Affairs and commenced on 21 December 2005, following consultation with the Department of Economic Development, ACT Government.

Scope and Application

The Migration Regulations 1994, as amended by the instrument F2005L04085, extend the scope of English language training arrangements to include the Australian Capital Territory (ACT) for specific skilled visa subclasses. This legislative amendment applies to individuals applying for the Skilled Designated Area Sponsored subclasses (134, 139, 863, and 882) who possess functional English but commit to upgrading their language skills to vocational English post-arrival. This regulatory change allows these applicants to meet the English language criteria despite their current level of proficiency, provided they undertake the necessary language training in the ACT. The ACT Government will facilitate this training on a fee-paying basis, ensuring that there is no financial burden on the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA). This legislative instrument is made under Regulation 1.17 and specific subsections of the Regulations, thereby broadening the geographic reach to encompass the ACT for these visa categories.

Key Provisions

The primary operative sections of this legislation pertain to the specification of matters required by individual provisions of the Migration Regulations 1994, specifically under Regulation 1.17 (section 2) and paragraphs 134.222C(2)(a), 139.226(b), 863.226(b), and 882.225(b) (section 3). These sections enable the Minister to specify, via a notice in the Gazette, the matters required for the purposes of these provisions, particularly in relation to designating states and territories with established arrangements for suitable English language training (section 3). The purpose of this instrument is to include the Australian Capital Territory (ACT) as a location where English Language Concession arrangements are applicable to certain skilled visa categories, namely subclasses 134, 139, 863, and 882 (section 4). The obligations and requirements imposed by this legislation on the relevant parties or entities include the ability for the Minister to specify the necessary matters through a Gazette notice, as outlined in Regulation 1.17 and the specific subsections mentioned. Additionally, the ACT Government is tasked with providing English language training to eligible migrants on a fee-paying basis, ensuring that sponsored applicants in the specified visa categories can meet the English language criteria by upgrading their language skills to vocational English after arrival (section 5). There is no financial impact on the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) as the ACT Government will cover the costs of the English language training (section 5). Under this legislation, there are no explicit offences or penalties outlined for breach of the specified provisions. However, failure to comply with the requirements to meet English language criteria could potentially lead to complications in visa processing or refusal of visa applications. The maximum penalties for breaches of the Migration Regulations 1994 can include fines and imprisonment, depending on the specific offence. For instance, knowingly making a false or misleading statement in a visa application can result in a penalty of up to 50 penalty units (currently AUD 5,300) under section 231A of the Migration Act 1958. It is important to note that while the explanatory statement does not detail specific penalties for this instrument, the general provisions of the Migration Act and Regulations apply.