Migration Act 1958 - Determination under section 85 - Granting of Parent, Contributory Parent and Other Family Visas in 2011/2012 Financial Year

Overview

The Migration Act 1958 was enacted to provide a comprehensive framework for regulating the migration of people into and out of Australia. This Act was introduced to address the need for a structured and controlled approach to immigration, ensuring that the process aligns with national interests and policies. In 2011, the Migration Amendment (Granting of Parent, Contributory Parent and Other Family Visas in 2011/2012 Financial Year) Instrument was made under section 85 of the Act to set specific limits on the number of certain family-related visas that could be granted in the 2011/2012 financial year. This legislative instrument was created by the Minister for Immigration and Citizenship, ensuring alignment with the annual Migration Planning levels set by the Department of Immigration and Citizenship. The policy objective behind this Instrument was to manage the flow of family-related visas in a way that balances humanitarian considerations with the capacity of Australia's immigration system.

Scope and Application

The F2011L01058 Instrument, made under section 85 of the Migration Act 1958, is designed to determine the maximum number of specific family-related visas that can be granted in the financial year from 1 July 2011 to 30 June 2012. This encompasses visas such as the 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), as well as Other Family (Migrant)(Class BO) and Other Family (Residence)(Class BU) visas. The Act applies to all applicants who have applied for these categories, including those who applied before the implementation of the cap. Once the maximum number of visas specified for each category is reached for the financial year, no additional visas of that type can be granted, as per section 86 of the Act. However, exceptions can be made under sections 87 and 87A of the Act, in certain circumstances. This legislative instrument operates within the Commonwealth jurisdiction and is consistent with the annual Migration Planning levels set by the Department of Immigration and Citizenship.

Key Provisions

The Migration Act 1958 (the Act) provides mechanisms for the Minister to set the maximum number of visas of specified classes that can be granted in a given financial year through the creation of legislative instruments. Under section 85 of the Act, the Minister has the authority to determine these maximums via written instruments, which is the method used in this particular legislative instrument (F2011L01058). The primary purpose of this instrument is to specify the cap on the number of Parent (Class AX), Aged Parent (Class BP), Contributory Parent (Class UT and Class CA), Contributory Aged Parent (Class DG and Class UU), and Other Family (Migrant Class BO and Residence Class BU) visas that can be granted for the financial year 1 July 2011 to 30 June 2012. This is done to ensure that the number of visas granted does not exceed the pre-determined maximum, thereby maintaining control over the visa issuance process in line with the Migration Planning levels for the specified period. This legislative instrument imposes clear obligations on the relevant parties, including the Department of Home Affairs, which is responsible for the administration of visa applications. It mandates that the department must strictly adhere to the caps set forth in this instrument when processing applications for the specified visa classes. If the number of visas granted for any class reaches the predetermined maximum for the financial year, no further visas of that class can be granted for that year, as stipulated in section 86 of the Act. Exceptions to this rule are provided under sections 87 and 87A, which outline circumstances where the visa cap may not apply, although these are not detailed within this instrument. The Act includes provisions for both civil and criminal consequences for breaches of its requirements. While this specific legislative instrument does not detail the penalties for non-compliance, the general framework of the Act provides for substantial penalties. For example, under section 230 of the Act, a person who makes a false or misleading statement in a visa application may be subject to a civil penalty of up to $27,500 for individuals and $137,500 for bodies corporate, as well as potential criminal penalties, including fines and imprisonment. The precise penalties for breaches specific to the visa caps set by this instrument would depend on the nature of the breach and the relevant sections of the Act that are contravened.