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RSMS Programme Frozen in Perth - MA Investigating Possible Remedies

Readers of the Migration Alliance Website will recall that we posted an article on 20 March of this year, following reports in the media indicating that the government of Western Australia had apparently “frozen” the entire Regional Sponsored Migration Scheme in Perth. 

This “freeze” was apparently made to implement a campaign promise that was made by Mark McGowan, who was elected as Premier of Western Australia on 11 March 2017.

Our Migration Alliance colleague Ross Ahmadzi reported in an article that was posted on 26 June 2017 that Prime Minister Turnbull has now written to Premier Magowan to confirm that the Federal Government has agreed to remove the Perth region from the RSMS visa programme.

The Western Australian government’s Website indicates that applications for the Perth region have indeed been frozen since 13 March 2017.

Our review indicates that the Legislative Instrument that designated the whole of Western Australia as a “regional area” for the purposes of the RSMS programme – IMMI 16/045 – has not yet been amended or revoked.

It would thus appear that the reported actions of the Western Australian government to freeze the RSMS programme in the Perth region , and the reported correspondence from Prime Minister Turnbull indicating that the Federal Government would “authorize” such a freeze may very possibly be “beyond power” (in legal terms “ultra vires”).

The Migration Alliance has received an enquiry from a migration agent whose practice is located in Western Australia asking whether there are any possible legal remedies to address this situation.

Migration Alliance is continuing to review this situation. Our preliminary views are that if the relevant legislative instrument has not been revoked or amended (as we currently believe to be the case) then it is possible that there might well be avenues for this to be dealt with.

We request that migration agents who are concerned about this situation and/or who have clients who are affected by this freeze contact Migration Alliance at This email address is being protected from spambots. You need JavaScript enabled to view it. .

We will be posting further updates about this issue as developments warrant.

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  • Guest
    kevin Sunday, 23 July 2017

    possible remedies for what ??? if there is scarce work in the perth region only west australia for australians who should come first for employment & limited work for others what are the possible remedies i dont understand please enlighten me

  • Guest
    steven Wednesday, 26 July 2017

    the closure of Perth as a RSMS program only affected around 200 trade positions. And it has cost millions in lost student revenue and badly hit the international student market in WA that employs 10,000 jobs. It has been a disastrous decision ..

    http://www.watoday.com.au/wa-news/international-student-numbers-plunge-in-wa-after-clampdown-on-visas-20170703-gx3i7n.html

  • Guest
    Derrick Peters Thursday, 27 July 2017

    The July 17 edition of "State of the States" by CommSec provides a bleak picture for WA:
    "At the end of the scale, Western Australia has annual growth rates below the national average on all eight [economic] indicators..."

    The key indicator inhibiting a holistic economic growth in WA is low "population growth". Population growth drives retail sales, home start, construction work, which in turn will increase employment opportunities. Learn from NSW and Victoria - the thriving states from economics point of view.

    The current WA Govt has adopted a tunnel vision attitude to employment or was it just a way of getting votes by telling people what they like to hear.

    Discontinuing RSMS is not a step in the right direction.

    A hard re-look is required and RSMS should be reinstated. Further controls, such as a more rigid "labour market testing", may be appropriate. Discontinuing RSMS totally, in the name of "employment of West Australians" is a negative approach.

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