Migration Act 1958 - Determination under section 85 - Granting of Parent, Contributory Parent and Other Family Visas in 2010/2011 Financial Year

Overview

The Migration Act 1958 was enacted to provide a comprehensive legislative framework for the administration of Australia's immigration system. The Act was introduced to address the need for a unified and efficient system to regulate the entry, stay, and departure of people in Australia. The problem or gap it was designed to fill was the lack of a cohesive legal structure to manage the complex and multifaceted aspects of migration, encompassing both permanent and temporary visas, as well as the rights and responsibilities of migrants and the Australian government. Enacted by the Parliament of Australia, the Act serves as the primary legislative vehicle for controlling immigration and is subject to regular amendments to meet evolving policy objectives and national interests. The Explanatory Statement for the Legislative Instrument F2011L00998 clarifies that this Instrument is made under section 85 of the Migration Act 1958 and establishes the maximum number of Parent, Contributory Parent, and Other Family category visas that can be granted in the 2010/2011 financial year. This legislative action is taken to manage the inflow of migrants under these specific categories, ensuring that the numbers align with the annual Migration Planning levels set by the Department of Immigration and Citizenship. The policy objective is to maintain orderly migration flows and support the efficient administration of the visa program.

Scope and Application

The Legislative Instrument F2011L00998, made under section 85 of the Migration Act 1958, establishes the maximum number of Parent, Contributory Parent, and Other Family visas that can be granted for the 2010/2011 financial year. This includes specific subcategories such as Aged Parent (Class BP), Parent (Class AX), Contributory Parent (Class UT) and others. This instrument applies to all applicants who have applied for these types of visas, including those who applied prior to the implementation of the cap. The purpose is to ensure that the number of visas granted does not exceed the predetermined limits, in accordance with section 86 of the Act, unless certain exceptions under sections 87 and 87A apply. The Instrument is consistent with the Migration Planning levels for 2010-11, as determined through annual consultations by the Department of Immigration and Citizenship. The commencement of this Instrument, IMMI 11/024, follows its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation, under section 85 of the Migration Act 1958, empower the Minister to determine the maximum number of visas of specified classes that can be granted in the financial year from 1 July 2010 to 30 June 2011 (section 3). Specifically, the legislation outlines the maximum number for Aged Parent (Class BP) and Parent (Class AX) visas, Contributory Parent (Class UT), Contributory Parent (Class CA), Contributory Aged Parent (Class DG) and Contributory Aged Parent (Class UU) visas, and Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas (section 4). If the number of visas granted reaches this predetermined maximum, no further visas of that class can be granted in that financial year (section 86). This Act imposes several obligations on parties and entities it governs. It mandates that the Minister determine the maximum number of specified visas to be granted within the financial year, and it sets a cap on the number of such visas that can be issued (section 85). The Act also requires adherence to these caps, ensuring that once the limit is reached, no additional visas of that class can be granted for the remainder of the financial year (section 86). Additionally, the Act includes provisions that allow for exceptions to the visa cap under specific circumstances (sections 87 and 87A). The Act provides for penalties and consequences for breaches. If a visa is granted in contravention of the visa cap, it may be subject to cancellation (section 86). The Act does not specify monetary penalties but refers to other sections of the Migration Act 1958 for potential penalties, which can include fines and imprisonment for breaches of the Act. The specific penalties for each type of breach would be governed by the general provisions of the Act rather than this legislative instrument.