Australian Immigration Daily News

Overview of the Disallowable Legislative Instrument

The Immigration (Education) Act 1971 (the Act) provides for publicly-funded tuition in approved English courses to eligible migrants. This is delivered through the Australian Government Adult Migrant English Program (AMEP). 

The purpose of this Disallowable Legislative Instrument is to repeal and replace the Immigration (Education) (Functional English) Specification 2017 (F2017L00720) to align with amendments made to the Act by the Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020 (the Amendment Act) to encourage the acquisition of a higher level of English proficiency. 

The Amendment Act relevantly changed the eligibility requirements for a person to be eligible for an approved English course. Prior to amendments, the eligibility requirements in subsection 4A(b) of the Act meant a migrant became ineligible for tuition under the Act once they reach the level of ‘functional English’. This is lower than the level of English required by most employers, and for enrolment in TAFE courses. 

Expressions of interest (EOIs) are now open for consideration of appointments to the Administrative Appeals Tribunal (AAT). 

The AAT conducts independent merits review of administrative decisions made under Commonwealth laws. They review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. 

EOIs for appointment as a Senior Member in a Deputy Division Head role close at 11:59 pm (AEST) on Sunday, 16 May 2021. EOIs for appointment as Deputy President, Senior Member or Member will be accepted on an ongoing basis over a 12-month period or until a new call is advertised. 

Important cut-off dates before the program closes 

The BSMQ business program closed at 12am (midnight AEST) on 24 February 2021. EOI s submitted on Skillselect before this time will picked-up and considered for nomination.

Applications already invited and under consideration will continue to be assessed until the dates outlined below.

BSMQ State Nomination Program

• The Skilled Work Regional (Provisional) visa (subclass 491) is now OPEN from 19 April 2021 25 April 2021.
• If you submitted an EOI from 1 7 February 2021, a new EOI will not be required. Please do not submit multiple EOIs. The first EOI picked up will be processed. 
• Queensland 491-SBO (Small Business Owners) Pathway is OPEN.
• Please note: amended requirements for 491-SBO commenced 1 April 2021.
• The Skilled Nominated (Permanent) visa (subclass 190) remains CLOSED and will not re-open in April 2021 as quota will be filled with the current pipeline.
• The subclass 190 will re-open in the next financial year once new nomination allocation has been received by the Department of Home Affairs.
• Subclass 190 EOI s submitted from 1 -7 February 2021 will be continued to be processed. 
• The Business Program is CLOSED.
• Business EOIs submitted up until 24 February 2021 will continue to be assessed up until the below deadlines.

The Skilled Work Regional (Provisional) Subclass 491 visa (from 65 points and above)

As a leading professional services firm, KPMG Australia (KPMG) is committed to meeting the requirements of all our stakeholders – not only the organisations we audit and advise, but also employees, governments, regulators and the wider community. 

We strive to contribute to the debate that is shaping the Australian economy and welcome the opportunity to provide a submission to the Joint Standing Committee on Migration’s Inquiry into Australia’s Skilled Migration Program (the Inquiry). Australian businesses are feeling acute labour shortages in areas historically filled by temporary visa holders that have been restricted from entry due to border closures.

Shortages have been more pronounced in agriculture, tourism and hospitality sectors, and especially in regional Australia. There have been some temporary schemes to facilitate entry of seasonal and pacific work visa holders, but more could be done, and we would like to see a wider package of concessions be developed to help address the immediate shortfall of workers in regional Australia.