Overview

The Migration Regulations 1994, as amended, were enacted to provide a comprehensive framework for the regulation of migration into Australia. One specific aspect of these regulations concerns the definition and identification of migration occupations in demand, particularly as outlined in regulations 1.15H and 1.15I. The explanatory statement for the instrument F2011L01229, made under these regulations, addresses the problem of ensuring that skilled migrants who apply for specific visas before a certain date can access points under the Migration Occupation in Demand List (MODL). This legislative instrument was introduced to rectify any potential gaps in the existing regulations by updating the list of occupations considered to be in demand, thus allowing specified applicants to access MODL points if they apply for subclass 885, 886, or 487 visas before 1 January 2013. The instrument was enacted by the Minister under the authority granted by the Migration Act 1958, and its policy objective is to facilitate the entry of skilled migrants who possess qualifications and experience in occupations that are currently in demand within Australia.

Scope and Application

The Migration Regulations 1994, specifically under regulations 1.15H and 1.15I, identify skilled occupations that are considered to be in demand for the purposes of migration. This Instrument, number IMMI 11/033, specifies these occupations and applies to individuals who have a migration occupation in demand and who apply for subclass 885, 886, or 487 visas before 1 January 2013. These skilled occupations are determined by the Minister and can apply to a class of persons. The Instrument aims to allow eligible applicants to access Modified Occupations in Demand List (MODL) points for their visa applications under the points test in effect as of 8 February 2010. The Instrument revokes the previous Instrument number IMMI 10/025 and was made without consultation as it is of a minor or machinery nature. It commenced on 1 July 2011, following the Migration Amendment Regulations 2011 (No. 3).

Key Provisions

The key provisions of this legislative instrument (F2011L01229) concern the identification and specification of migration occupations in demand under the Migration Regulations 1994. Specifically, regulation 1.15H (subregulation 1.15H(1)) defines a migration occupation in demand as a skilled occupation that the Minister has specified in writing. This specification applies to a person based on the particular occupation and the class of persons, if any, identified in the Minister's written specification. The regulation also allows the Minister to specify that a skilled occupation is in demand for a specific class of persons (subregulation 1.15H(2)). Regulation 1.15I, on the other hand, defines what constitutes a skilled occupation. This legislative instrument, IMMI 11/033, updates the list of migration occupations in demand, revoking the previous instrument IMMI 10/025 dated 17 June 2010. It aims to facilitate access to Migration Occupations in Demand List (MODL) points for certain applicants who meet specific criteria. The obligations imposed by this instrument primarily concern the Minister, who is responsible for specifying which occupations are in demand. The instrument outlines that the Minister must issue a written specification identifying the skilled occupations in demand, and it may also specify these occupations for particular classes of persons. Additionally, this instrument ensures that applicants who have a specified occupation and apply for subclass 885, 886, or 487 visas before 1 January 2013 can access the points test in effect at 8 February 2010, including the MODL points. The Minister must ensure that the specified occupations and the applicants' eligibility are accurately determined and processed according to the outlined criteria. Failure to comply with the specifications and requirements set out in this instrument may lead to various consequences. Although the document does not explicitly detail the penalties for non-compliance, it is implied that breaches could lead to the disqualification of applicants from accessing MODL points, which could impact their visa applications. Under the Migration Act 1958, general penalties for providing false or misleading information in visa applications include fines and imprisonment. Additionally, the Minister's failure to properly specify occupations in demand could be subject to judicial review or other administrative actions to rectify the oversight, ensuring the integrity of the migration process is maintained.