Migration (Granting of Skilled—Recognised Graduate (Subclass 476) Visas in Financial Year 2023–2024) (LIN 23/089) Determination 2023

Subclass 476 (Skilled – Recognised Graduate) of Schedule 2 to the Migration Regulations sets out the criteria to be satisfied by an applicant for a Subclass 476 visa.  Paragraph 476.226(a) requires that the grant of the visa would not result in either the number of Subclass 476 visas granted in a financial year exceeding the maximum number of Subclass 476 visas, as determined by the Minister in an instrument in writing for the paragraph that may be granted in the financial year.

The purpose of this instrument is to determine that the maximum number of Subclass 476 visas that may be granted in the 2023/2024 financial year is 3,735. The effect of the instrument is that when 3,735 Subclass 476 visas have been granted in this financial year, by operation of section 39 of the Migration Act, all remaining applications that are still awaiting decision will be taken not to have been made. As the application is taken not to have been made, any visa application charge that was paid in respect of the application will be returned to the applicant.

The Subclass 476 (Skilled – Recognised Graduate) visa is granted to certain primary applicants who have completed a course at a specified educational institution within the previous 24 months at an institution specified by the Minister in a legislative instrument, for the award of a degree or higher qualification in a discipline specified in an instrument. The visa was intended to specifically support the mining and minerals sector in attracting highly sought after engineering graduates, however internationally trained engineers have alternative and preferred pathways to work in Australia. The program is now under review as part of the broader Migration Reform and capping grants of the visa in this financial year is a preliminary measure to winding down and future repealing of the visa.

Written by Ross Ahmadzai

21 Dec, 2023

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