EXPLANATORY STATEMENT
Migration Act 1958
GRANTING OF OTHER FAMILY VISAS IN 2010/2011
FINANCIAL YEAR
(SECTION 85)
- This Instrument is made under section 85 of the Migration Act 1958 (‘the Act’).
2. Section 85 of the Act provides that the Minister may determine by instrument in writing 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.
3. The Other Family visa category comprises offshore (Other Family (Migrant)
(Class BO)) and onshore (Other Family (Residence)(Class BU)) classes covering (Carer), Remaining Relatives and Aged Dependent Relative visas.
4. The purpose of this Instrument is to determine the maximum number of Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas that can be granted in the financial year 1 July 2010 to 30 June 2011 as 750. Section 86 of the Act provides that if there is a determination of the maximum number of visas of a class or classes that may be granted in a financial year; and the number of visas of the class or classes granted in the year reaches that maximum number; no more visas of the class or classes may be granted in the year.
5. This instrument applies to certain applicants for Other Family (Migrant) (Class BO); and applicants for Other Family (Residence)(Class BU). Section 87 and section 87A of the Act provide for the circumstances where the limit made under section 85 does not prevent the grant of a visa.
6. This Instrument determines the maximum number of visa grants in the financial year for the offshore and onshore Other Family visa classes. It will impact on persons who are not yet in Australia, as well as those who are already in Australia and who have lodged a valid application for an Other Family (Residence) (Class BU) visa.
7. The Office of Best Practice Regulation has been consulted and has advised that a Regulatory Impact Statement is not required. No other consultations were conducted because there are no implications for any external agencies or other bodies in relation to this instrument.
8. The Instrument, IMMI 10/067, commences on the day after registration on the Federal Register of Legislative Instruments.