Overview

The "Migration Act 1958 Granting of Parent and Other Family Visas in 2015/2016 Financial Year Determination 2015" was enacted to address the need for setting specific limits on the number of parent and other family visas that could be granted within the fiscal year 2015-2016. This legislative instrument was made under section 85 of the Migration Act 1958 by the Department of Immigration and Border Protection. It revokes the previous instrument from 2014, establishing new maximum numbers for Parent (Migrant) and Aged Parent (Residence) visas, as well as Other Family (Migrant) and Other Family (Residence) visas, to align with the Migration Planning levels for the specified financial year. This regulation aims to provide clarity and predictability in the visa granting process and ensures that the migration program adheres to the established planning levels. The instrument does not require a Regulatory Impact Statement and is exempt from disallowance, with a commencement date following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The legislative instrument IMMI 15/111, made under the Migration Act 1958, establishes the maximum number of specific family visas that can be granted in the 2015-2016 financial year. The instrument applies to individuals and entities involved in the administration and processing of these visas, particularly focusing on Parent (Migrant) (Class AX) and Aged Parent (Residence) (Class BP) visas, as well as Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas. Notably, it includes New Zealand citizens who fall outside the general Migration Programme, ensuring they are accounted for within the specified maximum numbers of visas. Geographically, this legislation pertains to the Commonwealth of Australia, regulating the allocation of family visas within its jurisdiction. The instrument does not specify any exclusions, exemptions, or thresholds beyond the stated maximum numbers for each visa category. Subordinate instruments may further detail the implementation and administration of these visa allocations, but the primary focus of this instrument is to set the numerical limits for the specified family visas in alignment with the annual Migration Planning levels.

Key Provisions

The main operative sections of this legislation (sections 1 to 8) establish the maximum number of visas that can be granted in the 2015-2016 financial year for various types of family visas. Specifically, section 1 outlines that the maximum number of Parent (Migrant) (Class AX) and Aged Parent (Residence) (Class BP) visas is set at 1,550, while section 2 specifies that the maximum number of Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas is set at 520. Section 3 clarifies that New Zealand citizens who are not otherwise included in the Migration Programme are also included in these specified maximum numbers. Section 4 details that this Instrument applies to determine the specified maximum number of visas that may be granted from 1 July 2015 to 30 June 2016. Section 5 states that the Department of Immigration and Border Protection consults annually about the size and composition of the Migration Programme, and the maximum numbers set by this Instrument align with the Migration Planning levels for 2015-2016. The obligations and requirements imposed by this Act are primarily concerned with the administration of family visas within the specified limits. The Department of Immigration and Border Protection must ensure that the total number of visas granted does not exceed the maximum numbers set out in the Instrument. This includes Parent (Migrant) (Class AX) and Aged Parent (Residence) (Class BP) visas, as well as Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas. Additionally, New Zealand citizens who are not otherwise included in the Migration Programme must also be accounted for within these limits. The Act mandates that these visa numbers must be consistent with the Migration Planning levels for the specified financial year. Under this legislation, there are no explicit offences, penalties, or civil/criminal consequences for breach directly stated within the text of the Instrument. However, the overarching Migration Act 1958, under which this Instrument is made, does provide for various penalties for breaches of visa conditions or other related provisions. These could include fines, imprisonment, or other administrative actions as prescribed by the broader Act. The Instrument itself is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and it does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation (OBPR). The Instrument will commence on the day after its registration on the Federal Register of Legislative Instruments, ensuring that the stipulated visa limits are legally binding from that point forward.