Migration Regulations 1994 - Specification under item 6D101 of Schedule 6D - Location of Campuses and Postcodes - June 2012

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Legislation au F2012L01444 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

LOCATION OF CAMPUSES AND POSTCODES

 

 

  1. This Instrument is made under Item 6D101 of Schedule 6D to the Migration Regulations 1994 (‘the Regulations’).
  2. Item 6D101 of the Regulations provides that an additional 5 points are available when:
  • an applicant has met the Australian study requirement;
  • the location of the campus or campuses at which that study was undertaken is specified by the Minister in an instrument in writing;
  • while the applicant undertook the course of study the applicant lived in a part of Australia, the postcode of which is specified by the Minister in an instrument in writing; and,
  • none of the study undertaken constituted distance education.

3. As an applicant is required to meet the Australian Study Requirement in order to be awarded points under the relevant points test, the key requirement for Regional study points is that the study is undertaken, and the applicant resides in a Regional or Low Population Growth Metropolitan Area (RLPGM) area. Rather than specifying individual campuses the Instrument specifies relevant RLPGM postcodes.  

4.                   The purpose of this Instrument is to:

  • revoke Legislative Instrument IMMI 05/077 specifying Educational Institutions in Regional and Low Population Growth Metropolitan Areas for the purposes of Items 6A1001 and 6A1002 of Schedule 6A to the Regulations
  • specify the postcodes of campuses at which study is undertaken and where the applicant resides.

5. The instrument operates to reflect that items 6A1001 and 6A1002 of Schedule 6A of the Regulations will be repealed from 1 July 2012.  Items 6A1001 and 6A1002 provide for the Minister to specify regional or low population campuses and postcodes in an Instrument. Currently visa subclass 405, subclass 887, Schedule 6B and 6C (Points Tests) and Condition 8539 all refer to Item 6A1001 to define regional and low population areas.  With the repeal of this Schedule the regulatory authority for the Minister to specify campuses and postcodes is to be relocated in a  new Schedule 6D Item 6D101 to the Regulations.

6.                   This instrument also operates to include the following new visas commencing with the introduction of SkillSelect on 1 July 2012:

  • Skilled – Independent (Permanent) (Class SI);
  • Skilled - Nominated (Permanent) (Class SN); and
  • Skilled – Regional Sponsored (Provisional) (Class SP) visas.

 

7.                   Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

8. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.

9. The Office of Best Practice Regulation was consulted in relation to the introduction of SkillSelect, and has advised that a Regulatory Impact Statement is not required (OBPR Reference 13150).

10. This Instrument number IMMI 12/015, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Legislative Instrument number IMMI 12/015, relating to the locations deemed to be regional or low population growth metropolitan areas, for the purposes of awarding points under the points–based skilled migration points test.

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

This Legislative Instrument, made under Item 6D101 of Schedule 6D to the Migration Regulations 1994 (‘the Regulations’), specifies which areas of Australia qualify as regional and low population growth metropolitan areas, for the purposes of awarding points for study and residence in these areas. 

 

The purpose of this Instrument is to:

  • revoke Legislative Instrument IMMI 05/077 specifying Educational Institutions in Regional and Low Population Growth Metropolitan Areas for the purposes of Items 6A1001 and 6A1002 of Schedule 6A to the Regulations, as these Items will be repealed at 1 July 2012; and
  • specify the postcodes of campuses at which regional study is undertaken and where the applicant must reside for the purposes of awarding points under the skilled migration points test. 

 

This Instrument also operates to include the following new visas which commence with the introduction of SkillSelect on 1 July 2012:

  • Skilled – Independent (Permanent) (Class SI);
  • Skilled - Nominated (Permanent) (Class SN); and
  • Skilled – Regional Sponsored (Provisional) (Class SP) visas. 

 


Human rights implications

 

As this Legislative Instrument is confined to specifying postcodes of campuses at which regional study is undertaken and where applicants must reside for the purposes of the skilled migration points test, this Legislative Instrument does not engage any of the applicable rights or freedoms under the seven key international human rights treaties.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Chris Bowen, Minister for Immigration and Citizenship

 

 

Overview

The Migration Regulations 1994, as amended by the Legislative Instrument F2012L01444, address the need to specify regional and low population growth metropolitan areas for the purposes of awarding points under the skilled migration points test. This legislative instrument was enacted to revoke the previous Legislative Instrument IMMI 05/077, which specified regional and low population areas under repealed items 6A1001 and 6A1002 of Schedule 6A to the Regulations. Instead, it specifies relevant postcodes where study and residence qualify for the regional study points. This change aligns with the repeal of the old schedule items and the introduction of new visa classes, including Skilled – Independent (Permanent), Skilled - Nominated (Permanent), and Skilled – Regional Sponsored (Provisional) visas, effective from 1 July 2012. The legislative instrument is subject to disallowance and has been reviewed for human rights compatibility, which concluded that it does not engage any of the applicable rights or freedoms under the relevant international human rights treaties.

Scope and Application

This legislation, the Migration Regulations 1994, applies to applicants for specified skilled migration visas who have met the Australian Study Requirement. The scope of this legislation is defined by the regulations and specifies the additional 5 points available to applicants who have undertaken their studies in certain regional or low population growth metropolitan areas, as indicated by the Minister through an instrument in writing. This includes the need for the applicant to reside within a specified postcode during their course of study, excluding those who undertook their studies via distance education. The legislation operates nationally, applying to all applicants for the specified skilled migration visas across Australia. The application of this Act is further extended or restricted through subordinate instruments, such as the Legislative Instrument IMMI 12/015 which revokes previous instruments and specifies the relevant postcodes for the purposes of awarding regional study points. This Act does not specify any exclusions, exemptions, or thresholds beyond those mentioned, such as the exclusion of distance education studies. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the relevant international human rights treaties.

Key Provisions

The primary operative sections of the Migration Regulations 1994 (section 6D101) specify the criteria for awarding additional points to applicants who meet certain conditions. To qualify for these points, an applicant must have met the Australian study requirement, undertaken their studies at a campus specified by the Minister, resided in a postcode specified by the Minister, and not have undertaken distance education (section 3). The regulations also detail the specific postcodes that qualify as regional or low population growth metropolitan areas, where both study and residence must take place (section 3). The Migration Regulations 1994 impose several obligations on applicants seeking points under this provision. Applicants must ensure that their study and residence fall within the specified postcodes, and they must not undertake any part of their course via distance education. Additionally, applicants must have fulfilled the Australian study requirement, which includes completing an eligible course of study at a recognised institution in Australia (section 3). There are no explicit offences, penalties, or civil/criminal consequences outlined in the document for breaches of these regulations. However, failure to meet the specified conditions could result in the disqualification from receiving the additional points. The document does mention that the instrument is subject to disallowance under section 42 of the Legislative Instruments Act 2003, which implies that if the instrument is found to be incompatible with human rights, it could be disallowed by parliament (section 8). Additionally, the compatibility of the instrument with human rights has been assessed, and it has been determined that the instrument does not raise any human rights issues (section 9).

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