Australian Immigration Daily News

Sharon Harris, Immigration Lawyer from Queensland is predicting issues with the interpretation of the following law, and believes it could lead to an increase appeals:

Subclass 444/461 worker, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom both of the following paragraphs apply: 

(a) during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods) working:

This instrument repeals the Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 Visas) Instrument 2018 (IMMI 18/038) (F2018L00287) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). IMMI 18/038 was made on 15 March 2018 under subparagraphs 2.61(3A)(b)(i) and (ii), paragraphs 2.61(3A)(ba) and (c), paragraph 2.61(3B)(a), subregulations 2.66(3) and (4), paragraph 2.66(5)(a), subregulations 2.73(4) and (5), paragraph 2.73(7)(a), and subregulation 2.73A(2) of the Regulations.

Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

This instrument operates to specify: (a) the forms and fees for the purposes of any of the following:

The instrument amends Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 (F2018L01108) made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Act, in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Source: LIN19268.pdf and LIN19268-Explanatory-Statement.pdf

The purpose of the instrument is to implement changes to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019. In particular, the changes that support the new Subclass 494 Skilled Employer Sponsored Regional (Provisional) (Class PE) visa (Subclass 494 visa) and related nomination criteria that comes into effect on 16 November 2019.

Source: LIN19211.pdf and LIN19211-Explanatory-Statement.pdf

The purpose of this instrument is to amend Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 (IMMI 18/033) to address changes to the Regulations as a result of amendments to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 (the amending Regulations).

Source: LIN19213.pdf and LIN19213-Explanatory-Statement.pdf