Technical amendments to the SOL – 8 December 2010

A new Skilled Occupation List (SOL) instrument commenced on 5 December 2010.
See: Skilled Occupations, Relevant Assessing Authorities, Countries and Points for General Skilled Migration Visas and Certain Other Visas - December 2010

The amendments to the SOL were necessary to enable:

* Updates to the Offshore Skills Assessment process which previously listed Trades Recognition Australia (TRA) and VETASSESS as the designated assessing authority for certain trade occupations. The new SOL reflects the new arrangements that TRA has entered into with Registered Training Organisations (RTOs), including VETASSESS, which are listed on the TRA.
See: www.deewr.gov.au/tra
* Minor technical amendments to update occupations and accommodate the changes in the occupational classification introduced by the Australian Bureau of Statistics (ABS) through ANZSCO.

BREAKING NEWS (28/10/2010)
Notes From: Dinesh Weerakkody (Barrister & Solicitor )
We refer to the following comments provided by DIAC in relation confusions regarding the IT related applicants (see further below for DIAC comments).
Firstly we are extremely disappointed that despite ACS and DIAC knowing the confusions from at least since July 2010, have been unable to provide a solution even now. (We submit that the easy solution is to accept those assessments) as per the relevant legislative criteria and DIAC information provided to the public.
We note that currently Computing Professional (NEC) in ASCO does not map to an ANZSCO occupation on Schedule 3. Because of this reason we submit that current assessment holders of Computing Professional (NEC) (especially 485 visa holders) cannot apply for PR under GSM if they were to nominate Computing Professional (NEC) as the occupation. We further note as per the DIAC statement that applicants cannot change their nominated occupation.
On behalf of those who will be thoroughly disadvantaged because of this we are ready to challenge the department based on the Section 55 of the Migration Act (see below in the BERENGUEL case) and based on the Legislative Instrument number IMMI 10/025 and the DIAC web page information interpreting such legislations and Instruments. We will continue to lodge applications with relevant submissions prepared by us highlighting the relevant section of the Migration Act 1958, Migration Regulations, the policy advice manual, relevant decisions from the courts (especially BERENGUEL v MINISTER FOR IMMIGRATION), submissions prepared by us and new ACS assessments in order to get around this situation. We are ready to take on DIAC and the Minister for Immigration if the situation warrants.

DIAC advice: Computing Professionals - ASCO-ANZSCO mapping
The Migration Institute of Australia has received the following advice from the Department of Immigration and Citizenship (DIAC) General Skilled Migration (GSM) Program Director David Stewart:
DIAC [is] aware that there is a degree of confusion regarding the situation of GSM visa applicants whose skills were assessed by ACS as Computing Professionals NEC pre 1 July 2010. DIAC are discussing this issue with ACS and hope to resolve this matter in the not too distant future . DIAC's current advice is:

1. The following policy settings remain unchanged:
Applicants cannot change their nominated occupation; Computing Professional (NEC) in ASCO does not currently map to an ANZSCO occupation on Schedule 3.
2. Applicants can always submit new information to DIAC and if regulations allow it must be considered.
3. DIAC would not advise clients to get reassessed by ACS unless it is determined that Computing Prof NEC maps to occupations on Schedule 3.
4. If such a change were made DIAC would process applications generally in order of original date of lodgement and not date of "reassessment".