EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF FIELDS OF EDUCATION 2016/076
(Subregulation 2.26AC(5B))
- Instrument IMMI 16/076 is made under subregulation 2.26AC(5B) of the
Migration Regulations 1994 (the Regulations). - Regulation 2.26AC of the Regulations establishes a system of prescribed qualifications and points in relation to the grant of a Subclass 189 (Skilled – Independent) visa, a Subclass 190 (Skilled – Nominated) visa, or a Subclass 489
(Skilled – Regional (Provisional)) visa. - Subregulation 2.26AC(5A) of the Regulations prescribes that a person meets the requirements for the award of a “specialist education qualification”, and is given the corresponding number of points in Schedule 6D, if the person satisfies the Minister that they have met the requirements for the award by an Australian educational institution of a masters degree by research or a doctoral degree where that degree included study for at least two academic years, and where the field of education is specified in legislative instrument. This Instrument specifies those fields of education.
- The fields of education specified under subregulation 2.26AC(5B) for the purposes of paragraph 2.26AC(5A)(b) are: Biological Sciences; Chemical Sciences; Earth Sciences; Mathematical Sciences; Natural and Physical Sciences; Other Natural and Physical Sciences; Physics and Astronomy; Computer Science; Information Systems; Information Technology; Other Information Technology; Aerospace Engineering and Technology; Civil Engineering; Electrical and Electronic Engineering and Technology; Engineering and Related Technologies; Geomatic Engineering; Manufacturing and Engineering Technology; Maritime and Engineering Technology; Mechanical and Industrial Engineering and Technology; Other Engineering and Related Technologies; and Process and Resources Engineering.
- The Department of Immigration and Border Protection has undertaken consultation with: the Department of Education and Training; the Department of Employment; and the Department of Industry, Innovation and Science.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 20000).
- Under section 42 and subsection 44(2) of the Legislation Act 2003 and Item 20 of Regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is not subject to disallowance and therefore a Statement of Compatibility with Human Rights has not been provided.
- The Instrument commences immediately after the commencement of the
Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016.
Overview
The Migration Regulations 1994 (the Regulations) establish a framework for the award of points towards skilled visas based on educational qualifications. One such instrument, F2016L01412, specifies the fields of education eligible for specialist education qualifications under subregulation 2.26AC(5B). This instrument was introduced to clearly define the academic fields that qualify applicants for additional points towards skilled visas, including Subclass 189 (Skilled – Independent), Subclass 190 (Skilled – Nominated), and Subclass 489 (Skilled – Regional (Provisional)) visas. The instrument was enacted by the Department of Immigration and Border Protection in consultation with other relevant departments, ensuring that the fields of education specified are aligned with national skill needs and economic objectives. The purpose of this legislative instrument is to ensure that skilled visa applicants with advanced degrees in specific scientific and engineering fields are appropriately recognised and rewarded.
Scope and Application
The Migration Regulations 1994, as amended and specified by the legislative instrument IMMI 16/076, pertain to the qualification criteria for applicants seeking a Subclass 189 (Skilled – Independent) visa, a Subclass 190 (Skilled – Nominated) visa, or a Subclass 489 (Skilled – Regional (Provisional)) visa. Specifically, the instrument details the fields of education that qualify an individual for a specialist education qualification, thereby entitling them to a corresponding number of points as outlined in Schedule 6D. This applies to individuals who have completed a masters degree by research or a doctoral degree from an Australian educational institution, with a study period of at least two academic years in specified fields. The fields of education mentioned include various scientific and engineering disciplines such as Biological Sciences, Chemical Sciences, Earth Sciences, and numerous engineering technologies among others. The instrument is made under the authority of subregulation 2.26AC(5B) of the Migration Regulations and is effective immediately following the commencement of the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016.
Key Provisions
The Migration Regulations 1994, specifically under subregulation 2.26AC(5B), detail the fields of education that qualify for a specialist education qualification under certain visa categories. According to the 2016/076 Instrument, a person is eligible for the specialist education qualification and the corresponding points if they have completed a masters degree by research or a doctoral degree in specific fields of education for at least two academic years. The fields specified in the Instrument include Biological Sciences, Chemical Sciences, Earth Sciences, Mathematical Sciences, Natural and Physical Sciences, and others within the broader categories of sciences and engineering.
The obligations imposed by these regulations require applicants to ensure their qualifications align with the specified fields of education as listed. They must provide evidence of completing a masters degree by research or a doctoral degree in one of these fields, and this education must be awarded by an Australian educational institution. It is essential that the degrees include study for at least two academic years within the specified field to meet the eligibility criteria for the specialist education qualification.
Failure to meet these requirements may result in the applicant not qualifying for the specialist education points, potentially impacting their eligibility for the Subclass 189, 190, or 489 visas. There are no explicit offences or penalties mentioned in the text for failing to meet these educational requirements. However, the absence of qualification points might lead to the rejection of a visa application or the need for additional documentation and evidence to substantiate the claim.