刚刚收到的关于Visa Capping Bill Enquiry 的一封邮件

Australian Government
Department of Immigration and Citizenship
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone (02) 6264 1111 • Facsimile (02) 6225 6970 • Website: www.immi.gov.au
Dear
Thank you for your email of 31 May 2010 to the Minister for Immigration and Citizenship, Senator Chris Evans, concerning the Migration Amendment (Visa Capping) Bill 2010. The Minister has asked me to respond on his behalf.
As you know, on 26 May 2010, the Visa Capping Bill was introduced into Parliament. This Bill has not yet been passed, and is currently before the Senate Legal and Constitutional Affairs Committee for report and inquiry, with an intended reporting date of 11 August 2010.
The Bill seeks to amend the Migration Act 1958 (the Act) to give the Minister greater power to effectively manage the migration program through the ability to limit the number of visas of a certain visa class or subclass that can be granted in a financial year on the basis of certain characteristics.
It is intended that a limit would be set on the basis of such selection factors as the nominated occupation and English language ability of the primary applicant, the date the application was lodged (which may include a date in the past) or a combination of these factors. Once a limit is reached, any further applications would be taken not to have been made.
You may be interested to know that the Minister already has this general power. Section 39 of the Act currently allows the Minister to limit the maximum number of visas of a particular visa class or subclass that may be granted in a financial year. Similar to the amendments proposed by the Visa Capping Bill, once a cap set under section 39 is reached any outstanding applications are taken not to have been made.
However, this current power does not allow the Minister to differentiate between applications on the basis of characteristics of the applicant or the application, such as the applicant’s nominated occupation. If a cap is set, it must be applied to all applicants for the specified visa class or subclass, irrespective of whether they have the skills or attributes that are in demand. The current power lacks the precision required to be responsive to Australia’s needs and strategically manage the skilled migration program.

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