Migration Act 1958 - Determination under section 85 - Granting of Business Skills Visas in 2009/2010 Financial Year

Overview

The Migration Act 1958, enacted by the Australian Parliament, is a comprehensive piece of legislation governing the entry, stay, and departure of individuals in Australia. The Explanatory Statement for the F2010L00686 instrument, made under section 85 of the Act, addresses the need to regulate the number of Business Skills visas granted in the 2009/2010 financial year. This instrument was introduced to cap the number of offshore Business Skills visas (classes EA and UR) at 6530 for that financial year, reflecting the policy objective of managing the influx of skilled business migrants who are expected to contribute to the Australian economy. The instrument ensures that once the cap is reached, no further visas can be granted for that year, with affected applications being carried over to the subsequent year. This regulation aims to balance the economic benefits of skilled migration with the need to control the volume of new entrants.

Scope and Application

The Instrument F2010L00686, made under the Migration Act 1958, specifically pertains to the granting of Business Skills visas for the 2009/2010 financial year. This legislation is designed to regulate the number of Business Skills visas (classes EA and UR) that can be granted within that financial year, imposing a cap of 6530. This applies to offshore applicants for Business Skills – Business Talent (Migrant) (Class EA) and Business Skills – Business Skills (Provisional) (Class UR). The aim is to manage the influx of skilled and experienced business owners and investors who are outside Australia and intend to enter into business or investment activities within the country. The regulation ensures that these applicants contribute to the Australian economy by creating employment, boosting exports, introducing new technologies, and enhancing commercial activity. This Instrument does not apply to applicants who are already in Australia or those with existing business activities within the country. The Instrument is of minor nature, as it does not substantially alter existing arrangements, and hence did not require consultation under Section 18 of the Legislative Instruments Act 2003. Once the cap is reached, no further visas will be granted for that financial year, and affected applications will be carried over to the subsequent year.

Key Provisions

The key provisions of the instrument F2010L00686, made under Section 85 of the Migration Act 1958, involve setting a cap on the number of Business Skills visas that can be granted in the 2009/2010 financial year. Specifically, Section 85 of the Act allows the Minister to determine by written instrument the maximum number of visas of a specified class or classes that may be granted in a specified financial year. This instrument caps the number of Business Skills visas (classes EA and UR) at 6530 for the 2009/2010 financial year. This limit applies to the offshore Business Skills visa classes, meaning it impacts applicants who are not yet in Australia and who have no existing business activity in the country. The obligations and requirements imposed by this instrument on the parties or entities it governs are primarily centered around the cap on the number of Business Skills visas that can be granted. For the 2009/2010 financial year, the Department of Home Affairs must ensure that no more than 6530 visas are granted under the Business Skills categories. This involves processing applications and determining eligibility against the specified cap. Additionally, once the cap is reached, any further applications will be carried over and considered in the subsequent financial year, 2010/2011. In terms of potential consequences for breach, the instrument does not explicitly detail offences or penalties within its text. However, under the Migration Act 1958, non-compliance with visa provisions could result in civil or criminal penalties. The Act allows for various penalties, including fines and imprisonment, depending on the nature and severity of the breach. For instance, providing false or misleading information in a visa application could lead to penalties under Section 231 of the Act, which might include fines of up to $22,200 for individuals or $111,000 for corporations, as well as potential imprisonment terms. Given the specific nature of this instrument, breaches would likely be addressed within the broader framework of the Migration Act.