|
|
DIRECTION NO. 45
MIGRATION ACT 1958
DIRECTION UNDER SECTION 499
Direction No. 45 Order of consideration - certain skilled migration visas
I, CHRIS EVANS, Minister for Immigration and Citizenship, give this Direction under section 499 of the Migration Act 1958.
Signed 4 February 2010
Minister for Immigration and Citizenship
Part 1 Preliminary
1. Name of Direction
This Direction:
(a) is Direction No. 45 - Order of consideration - certain skilled migration visas; and
(b) may be cited as Direction No. 45.
2. Commencement
This Direction commences on 8 February 2010.
3. Revocation
Direction No. 42, given under section 499 of the Act and signed 15 September 2009, is revoked.
4. Application
(1) This Direction applies to all persons and bodies having powers under the Act, including the MRT, to consider and dispose of the skilled migration visa applications specified in Schedule A and Schedule B, and to review decisions pertaining to those applications.
(2) Without intending to limit the scope of (1), this Direction applies to delegates performing functions or exercising powers:
(a) under section 51 of the Act; and
(b) under section 91 of the Act.
(3) This Direction does not apply to:
(a) applications that have been remitted by the MRT for reconsideration;
(b) applications where it is readily apparent that the criteria for grant of the visa would not be satisfied;
(c) applications by visa applicants claiming to be a member of the family unit of a person who holds a visa granted on the basis of satisfying the primary criteria in Schedule 2 of the Regulations and who did not make a combined application with that person;
(d) visa applications for a Skilled – Regional Sponsored Subclass 487 visa where the applicant holds a Skilled – Independent Regional (Provisional) Subclass 495 visa, Skilled – Designated Area-sponsored (Provisional) Subclass 496 visa, Skilled – Regional Sponsored Subclass 487 visa or Skilled – Regional Sponsored Subclass 475 visa at the time they apply.
5. Transitional
This Direction applies to an application for a visa:
(a) made before the commencement of this Direction, other than an application that has been remitted by the MRT to the Minister for reconsideration; or
(b) made on or after the commencement of this Direction, other than an application that has been remitted by the MRT to the Minister for reconsideration.
6. Preamble
(1) Australia's Skilled Migration Program is designed to select people who will achieve positive labour market outcomes, make a contribution to the Australian economy, assist Australian business to access new skills and technology and address skill needs that cannot be met from the local labour market.
(2) In relation to the specified visas in Schedule A and B, this Direction applies to all persons and bodies having the powers under the Act including the MRT to consider and dispose of visa applications for these visas in accordance with Part 2 of this Direction and to review decisions pertaining to those visa applications.
(3) This Direction directs delegates with respect to the performance of functions and exercise of powers under section 51 or section 91 of the Act to consider and dispose of visa applications in the appropriate order of consideration.
Note: Persons or bodies with delegated powers under the Act to consider visa applications (or to review decisions pertaining to such applications) have power under section 51 (‘Order of consideration’) of the Act to consider and dispose of visa applications in the appropriate order of consideration. Further, if a determination under section 85 (‘Limit on visas’) of the Act applies or has applied to an application, persons or bodies having power under section 91 (‘Order of dealing with visas’) may consider or, subject to section 86 (‘Effect of limit’), may dispose of, outstanding and further visa applications, (or review decisions pertaining to such applications), in the appropriate order of consideration.
Note: Section 499 of the Act empowers the Minister to give to a person or body having functions or powers under the Act written directions not inconsistent with the Act or the Regulations, in accordance with which the person or body shall perform those functions and exercise those powers. The person or body must comply with the direction.
(4) Delegates are to give due regard to the priority processing directions set out in paragraph 8 and 9.
7. Interpretation
Note: Unless otherwise specified, terms used in this Direction have the same meaning as in the Act - see section 46 of the Acts Interpretation Act 1901.
(1) In this Direction:
Act means the Migration Act 1958.
competent English has the same meaning as in regulation 1.15C of Part 1 of the Regulations.
Critical Skills List (or CSL) means occupations identified as being in critical shortage and published on the Department of Immigration and Citizenship website: www.immi.gov.au.
GSM visa means the visas referred to in Schedule A of this Direction.
migration occupation in demand (or MODL) has the same meaning as in regulation 1.03 of Part 1 of the Regulations.
member of the family unit has the same meaning as in regulation 1.12 of Part 1 of the Regulations.
MRT means the Migration Review Tribunal.
Minister means the Minister who administers the Act.
primary criteria means the provisions in division 2 in Schedule 2 of the Regulations for a specified visa subclass.
Proficient English has the same meaning as in regulation 1.15D of Part 1 of the Regulations.
Regulations means the Migration Regulations 1994.
section 85 cap means the maximum number of visas of a specified class that may be granted in a particular financial year, as specified by the Minister in a legislative instrument.
State Migration Plan means a written agreement made after 25 January 2010 between the Minister and a State/Territory government under which occupations and other matters are listed for the purposes of nomination by the state/territory government.
Part 2 Directions
8. Certain skilled migration visas
(1) The following processing priorities (with highest priority listed first) should be applied to visa applications specified in Schedule A and Schedule B that meet the following conditions:
(a) the applicants are employer sponsored under the Employer Nomination Scheme or the Regional Sponsored Migration Scheme;
(b) the applicants are nominated by a State/Territory government agency under a State Migration Plan agreed to by the Minister;
(c) the applicants are nominated by a State/Territory government agency whose nominated occupation is on the CSL
(d) the applicants have nominated an occupation on the CSL other than applicants mentioned in 8(1) (c);
(e) the applicants are nominated by a State/Territory Government agency, other than applicants mentioned in (b) or (c);
(f) (i) applications where an applicant’s nominated skilled occupation is on the MODL; and
(ii) applications where the applicants are sponsored by a person and has not nominated an occupation on the CSL;
(g) all other applications are to be processed in the order in which they are received.
9. If a section 85 cap applies
(1) Applications for a visa may be affected by a section 85 cap that allows processing to be conducted but prevents the grant of a visa in a specified financial year.
(2) In deciding the order for considering and disposing of visa applications (or reviewing decisions pertaining to such applications) when affected by a section 85 cap, the applications to which this Direction specifically applies should be given priority in the order as provided for under paragraph 8, and prevail over any other directions under section 499 of the Act that outline the order of consideration for visa applications not described in this Direction. To avoid doubt this Direction applies despite anything contained in Direction No. 44 – Order for consideration and disposing of visa applications under section 91 of the Migration Act.
Schedule A:
(1) In this Direction, a GSM visa is a:
(a) Skill Matching Subclass 134
(b) Skilled – Independent Subclass 136
(c) Skilled – State/Territory-nominated Independent Subclass 137
(d) Skilled – Australian-sponsored Subclass 138
(e) Skilled – Designated Area-sponsored Subclass 139
(f) Skilled – Independent Subclass 175
(g) Skilled – Sponsored Subclass 176
(h) Skilled – Onshore Independent New Zealand Citizen Subclass 861
(i) Skilled – Onshore Australian-sponsored New Zealand Citizen Subclass 862
(j) Skilled – Onshore Designated Area-sponsored New Zealand Citizen Subclass 863
(k) Skilled - Independent Overseas Student Subclass 880
(l) Skilled - Australian-sponsored Subclass 881
(m) Skilled – Designated Area-sponsored Overseas Student Subclass 882
(n) Skilled - Independent Subclass 885
(o) Skilled – Sponsored Subclass 886
(p) Skilled – Regional Sponsored Subclass 475
(q) Skilled – Regional Sponsored Subclass 487
(r) Skilled – Independent Regional Subclass 495
(s) Skilled – Designated Area-sponsored (Provisional) Subclass 496
(t) Graduate – Skilled Subclass 497 visa.
Schedule B:
(1) The Employer Nomination Scheme comprises the following permanent visas:
(a) Employer Nomination Subclass 121 and
(b) Employer Nomination Scheme Subclass 856
(2) The Regional Sponsored Migration Scheme comprises the following permanent visas:
(a) Regional Sponsored Migration Scheme Subclass 119 and
(b) Regional Sponsored Migration Scheme Subclass 857.
****************************************
[ 本帖最后由 TtiGeR 于 15-2-2010 14:44 编辑 ] |
|
楼主: TtiGeR
发表于 10-2-2010 01:58:50
楼主
