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    Migration Act 1958: Explanatory Statement

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    Gurpreet Maan
    This document summarizes an instrument that sets the pool and pass marks for general skilled migration visas at 65 points. It applies to visa applications made on or after July 1, 2018 in response to invitations issued on or after that date. The instrument preserves the previous pool and pass marks for applications made before July 1, 2018 and for outstanding applications made under now-repealed visa subclasses between 2011 and 2013. Consultation was conducted with the relevant government department and regulatory impact analysis was determined to not be required.

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    Migration Act 1958: Explanatory Statement

    Uploaded by

    Gurpreet Maan
    35 views2 pages
    This document summarizes an instrument that sets the pool and pass marks for general skilled migration visas at 65 points. It applies to visa applications made on or after July 1, 2018 in response to invitations issued on or after that date. The instrument preserves the previous pool and pass marks for applications made before July 1, 2018 and for outstanding applications made under now-repealed visa subclasses between 2011 and 2013. Consultation was conducted with the relevant government department and regulatory impact analysis was determined to not be required.

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    F2018L00920ES.pdf

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    This document summarizes an instrument that sets the pool and pass marks for general skilled migration visas at 65 points. It applies to visa applications made on or after July 1, 2018 in response to invitations issued on or after that date. The instrument preserves the previous pool and pass marks for applications made before July 1, 2018 and for outstanding applications made under now-repealed visa subclasses between 2011 and 2013. Consultation was conducted with the relevant government department and regulatory impact analysis was determined to not be required.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    35 views2 pages

    Migration Act 1958: Explanatory Statement

    Uploaded by

    Gurpreet Maan
    This document summarizes an instrument that sets the pool and pass marks for general skilled migration visas at 65 points. It applies to visa applications made on or after July 1, 2018 in response to invitations issued on or after that date. The instrument preserves the previous pool and pass marks for applications made before July 1, 2018 and for outstanding applications made under now-repealed visa subclasses between 2011 and 2013. Consultation was conducted with the relevant government department and regulatory impact analysis was determined to not be required.

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    IMMI 18/067

    EXPLANATORY STATEMENT

    Migration Act 1958

    Migration (IMMI 18/067: Pool and Pass Marks for General Skilled Migration
    Visas) Instrument 2018

    (Subsections 96(1) and 96(2) of the Act)

    1. Instrument IMMI 18/067 is made under subsections 96(1) and (2) of the Migration Act
    1958 (the Act).

    2. The instrument repeals Pass Marks and Pool Marks in relation to Applications for
    General Skilled Migration Visas (Classes VE, VC, VF, VB, SI, SN and SP) (IMMI
    12/017) (F2012L01317) under 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.

    3. The instrument operates to set a pool and pass mark of 65 for the “points” system under
    Subdivision B of Division 3 of Part 2 of the Act for the following three classes of visa
    where an application is made on or after 1 July 2018 in response to an invitation given
    by the Minister on or after 1 July 2018:
     a Skilled – Independent (Permanent) (Class SI) visa;
     a Skilled – Nominated (Permanent) (Class SN) visa; and
     a Skilled – Regional Sponsored (Provisional) (Class SP) visa.

    4. For these visas, the instrument sets the pool and pass mark at 65 points. This pass mark
    reflects the high level of interest in skilled migration to Australia and the high calibre of
    prospective applicants who express their interest in the General Skilled Migration
    program. This pass mark is consistent with the level set for the points test under
    repealed regulation 2.26AB, in effect until 1 July 2013.

    5. The instrument preserves the pool and pass mark from the previous instrument for all
    visa applications for the above visas made before, on or after 1 July 2018 in response to
    an invitation given by the Minister before 1 July 2018.

    Authorised Version Explanatory Statement registered 28/06/2018 to F2018L00920


    IMMI 18/067

    6. The instrument also preserves from the previous instrument, all pre-existing pool and
    pass marks for outstanding applications for the following repealed visa subclasses made
    before 1 July 2011, and between 1 July 2011 and 1 July 2013:
     a Subclass 175 (Skilled – Independent) visa;
     a Subclass 176 (Skilled – Sponsored) visa;
     a Subclass 475 (Skilled – Regional Sponsored) visa;
     a Subclass 487 (Skilled – Regional Sponsored) visa;
     a Subclass 885 (Skilled – Independent) visa; and
     a Subclass 886 (Skilled – Sponsored) visa.

    7. These visa subclasses were repealed on 1 July 2013 by item [26] of Schedule 2 to the
    Migration Amendment Regulation 2012 (No. 2). Clause 102 of Schedule 13 to the
    Migration Regulations 1994 provides that those amendments applied only in relation to
    an application for a visa made on or after 1 July 2013. The intention is that the same
    pool and pass mark as that which applied at the time of application for the visa, should
    continue to apply to outstanding visa applications.

    8. Consultation was undertaken before the instrument was made with the Department of
    Jobs and Small Business, which manages the SkillSelect system.

    9. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact
    Statement is not required (OBPR Reference 23746).

    10. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015,
    the instrument is exempt from disallowance and therefore a Statement of Compatibility
    with Human Rights is not required.

    11. The instrument commences on 1 July 2018.

    Authorised Version Explanatory Statement registered 28/06/2018 to F2018L00920

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