Migration Act 1958 - Determination under section 85 - Determination of maximum number of Parent (Migrant) (Class AX) Visas that may be granted in the 2004/2005 Financial Year

Administered by Department of Home Affairs

Legislation au F2005L01288 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Act 1958

 

  1. This Notice Instrument is made under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and section 85 of the Migration Act 1958 (‘the Act’).

 

2.                  Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purpose of those provisions.

 

2.3.            Section 85 of the Act provides allows the Minister the power to determine by Gazette Notice, the maximum number of the visas of a specified class or the visas of specified classes that may be granted in a specified financial year.

 

4.                  The purpose of the Instrument is to impose a cap on the number of visa grants for the Non-Contributory Parent Category (‘the Parent Category’) over the 2004-2005 financial year. The Parent Category consists of 2 visa classes – the Class AX Parent (Migrant) visa ‘(the Parent (Migrant) class visa’) and the Class BP Aged Parent (Residence) visa (‘the Aged Parent (Residence) class visa’). A cap of 1000 visas is placed on the Parent Category for the 2004-2005 financial year. Relevantly, this Instrument imposes a maximum number of 680 Parent (Migrant) class visas that may be granted for the 2004-2005 financial year. A separate Instrument imposes a cap of 320680 Aged Parent (Residence) class visas that may be granted over the same financial year.

 

5. The Parent (Migrant) class visa is subject to visa capping due to high demand and limited number of places available. Due to the high demand and limited number of places, the parent category is subject to capping and queuing. Once This means that once the limit set by the Government for this visa classthe Parent (Migrant) class visa for thea Migration Program Yearspecific financial year has been reached, no further visas can be granted in that Program Yearfinancial year. Once a cap is reached, aApplicants are wait in a queued until a place becomes available.  There are approximately 20,000 people waiting for a decision on a Parent (Migrant) or an Aged Parent (Residence) class visa application. 


6. The In the migration program context, queuing is a method of managing a caseload so that the visa places available under the program are used up in an equitable way until a numeric target is met.  The queue mechanism eliminates or minimises unnecessary requests of the visa application charge and bonds, applicants know where they stand well in advance and it is more precise.  The queue is a continuum used both before and after a cap is reached.There is limit to the number of applications that may be lodged.  Queuing mechanism of parent visas is a method of managing the parent caseload so that the visa places available under the parent program are allocated in an orderly way until the numeric target or cap is metreached.  Queuing eliminates unnecessary requests for the payment of second instalments of visa application charges and bonds.  Applicants know where they stand well in advance and it is more precise.  Queuing provides clients with certainty about the processing stage of their application and likely time frames until finalisation.  The queue is a continuum used both before and after the cap is reached.

 

7. The Ccontributory Pparent Ccategory was introduced in 2003 to enable the expansion of the parent migration program, thus addressing the demand in the pre-existing Pparent cCategory while minimising the potential cost to the Commonwealth budget of an increase in Australia’s aged population.  This category substantially increased the number of places available for parents to migrate each year on the basis that they or their sponsor make a fairer contribution to their health and welfare costs.  The Ccontributory Pparent Ccategory for 2004-2005 was not to exceed 3,, 500 places.   and at present there is no queue.

 

86. The Instrument operates to specify the number of Parent (Migrant) class visas that may be granted for the 2004-2005 financial year.  

 

 

There are no documents incorporated in the instrument by reference.

 

 

967. This Instrument does not have a direct, or a substantial indirect, effect on business or restrict competition (subsection 17(1) of the Legislative Instruments Act 2003 refers). As such, consultation was not undertaken.

 

108. The Instrument commences on the first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).

Internal Consultation was undertaken with Migration Program Section, the Legislative Instruments Unit, State and Territory offices and the Perth Offshore Processing Centre before the instrument was made.

 

7. The instrument commences on the day of publication in the Gazette.

 

Overview

The Migration Act 1958, as amended and regulated through the Migration Regulations 1994, addresses the administration and management of migration to Australia, including the allocation of visas. One such regulation, specifically the F2005L01288 Notice Instrument, was introduced to impose a cap on the number of Non-Contributory Parent Category visas granted in the 2004-2005 financial year, reflecting the high demand and limited availability of these visas. This Instrument, made under the authority granted by section 85 of the Act and regulation 1.17 of the Regulations, sets a cap of 680 Parent (Migrant) class visas and 320 for Aged Parent (Residence) class visas for that financial year. The policy objective behind this Instrument is to manage the high demand for these visas by implementing a queuing system that ensures fairness and equity in visa allocation, thus preventing unnecessary financial burdens on applicants and providing them with clarity on their application status.

Scope and Application

This Notice Instrument is made under regulation 1.17 of the Migration Regulations 1994 and section 85 of the Migration Act 1958. It serves to specify the maximum number of visas of a specified class that may be granted in a specified financial year, specifically targeting the Non-Contributory Parent Category for the 2004-2005 financial year. The Parent Category encompasses two visa classes: the Class AX Parent (Migrant) visa and the Class BP Aged Parent (Residence) visa. The Instrument imposes a cap of 680 Parent (Migrant) class visas for the 2004-2005 financial year, with a total cap of 1000 visas for the Parent Category. This cap is a measure to manage the high demand and limited number of available places for parent visas, ensuring that the visa places are allocated in an orderly and equitable manner. The instrument applies to applicants for Parent (Migrant) and Aged Parent (Residence) visas, with a specific geographic reach as it pertains to Australia's migration program. The implementation of the cap and the queuing mechanism ensures that applicants are aware of their processing stage and likely timeframes for finalisation. There are no exclusions or exemptions specified in this Instrument, and it does not have a direct or substantial indirect effect on business or restrict competition. The instrument commences on the first moment of the day following the day when the instrument is registered, and internal consultation was undertaken with relevant sections before its creation.

Key Provisions

The key provisions of this legislation, specifically F2005L01288, are primarily focused on setting a cap on the number of visas that can be granted under the Parent Category for the 2004-2005 financial year (sections 4, 8). The Parent Category includes two types of visas: the Parent (Migrant) class visa and the Aged Parent (Residence) class visa. For the Parent (Migrant) class visa, the cap set by the Minister is 680 visas for the specified financial year. This cap is implemented to manage the high demand and limited number of places available for this visa category (section 5). Additionally, the legislation outlines a queuing mechanism to manage the allocation of visas in an orderly and equitable manner until the cap is met (section 6). This queuing system ensures that applicants are aware of their position in the queue, providing certainty about the processing stage of their application and likely time frames until finalisation. The obligations imposed by this Act include adherence to the specified visa caps and the queuing mechanism. The Minister's role is to enforce these caps and ensure that no more than the specified number of visas are granted within the financial year. Furthermore, the Act requires that the visa application process be conducted in accordance with the established queuing system, ensuring that applicants are placed in a queue once the cap is reached and that they are informed of their position in the queue. This queuing mechanism is designed to manage the high demand for Parent (Migrant) and Aged Parent (Residence) visas by ensuring that applications are processed in an orderly and fair manner. Any breaches of the provisions set out in this legislation may result in civil or criminal consequences. While the specific penalties are not detailed in the text, it is implied that exceeding the visa cap or not adhering to the queuing mechanism could lead to legal repercussions. The penalties for such breaches could potentially include fines, revocation of visas, or other civil or criminal penalties as prescribed by the Migration Act 1958 and the Migration Regulations 1994. It is essential for applicants and stakeholders to comply with these provisions to avoid any legal consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.