EXPLANATORY STATEMENT
Migration Act 1958
GRANTING OF PARENT, CONTRIBUTORY PARENT AND 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 purpose of this Legislative Instrument is to determine the maximum number of visas that may be granted in the financial year 1 July 2010 to 30 June 2011 for:
- Aged Parent (Class BP) and Parent (Class AX);
- Contributory Parent (Class UT), Contributory Parent (Class CA),
Contributory Aged Parent (Class DG) and Contributory Aged Parent (Class UU); and
- Other Family (Migrant)(Class BO) and Other Family (Residence)(Class BU).
4. 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. 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 applies to all applicants who have applied for a Parent, Contributory Parent and Other Family category visa. This includes applicants who have applied before the implementation of this cap.
7. The Office of Best Practice Regulation has been consulted and has advised that a Regulatory Impact Statement is not required (OBPR reference 12399).
8. Consultation about the size and composition of the Migration Program is undertaken each year by the Department of Immigration and Citizenship. The limits established by this legislative Instrument are consistent with the Migration Planning levels for 2010-11.
9. The Instrument, IMMI 11/024, commences on the day after registration on the Federal Register of Legislative Instruments.