Australian Immigration Daily News

From today, skilled migrants who commit to living and working in a regional area will have access to two new skilled provisional visas, part of the Morrison Government’s commitment to tackling skills shortages in regional Australia. This year, the Government has reduced the cap on Australia’s permanent migration programme from 190,000 to 160,000.

Within that reduced cap, the number of places allocated to regional visas has increased to 25,000. Successful regional visa applicants will become eligible to apply for permanent residency if they can demonstrate they have lived and worked in regional Australia for three years.

Source: New-skilled-visas-to-encourage-migration-to-regional-Australia.pdf

The instrument amends Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 (F2019L00883) made under subregulation 2.07(5) of the Regulations, 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.

The purpose of the instrument is to address changes to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 (the Amendment Regulations) which, among other things, will introduce the Subclass 491 (Skilled Work Regional (Provisional)) visa (Subclass 491 visa) and the Subclass 494 (Skilled Employer Sponsored Regional) (Provisional)) visa (Subclass 494 visa).

Source: LIN19296.pdf and LIN19296-Explanatory-Statement.pdf

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