Migration Act 1958 - Determination under section 85 - Maximum number of Contributory Aged Parent (Residence) (Class DG) Visas that may be granted in the 2007/2008 Financial Year

Overview

The Migration Act 1958, enacted by the Parliament of Australia, aims to regulate and manage the migration of people into and out of Australia. To address the issue of high demand and limited places for Contributory Aged Parent (Residence) (Class DG) visas, the Act was amended through the F2008L00688 Instrument. This instrument was introduced to set a cap of 300 visas for the 2007/2008 financial year to ensure that the number of visas granted does not exceed the available resources. This measure aims to maintain a balance between meeting the needs of applicants and managing the overall migration intake efficiently. Once the cap is reached, no further visas can be granted in that financial year, with any excess applications being carried over to the subsequent financial year.

Scope and Application

This instrument is made under section 85 of the Migration Act 1958, which empowers the Minister to determine by Gazette Notice the maximum number of specified visas that may be granted in a financial year. Specifically, this instrument imposes a cap of 300 on the number of Contributory Aged Parent (Residence) (Class DG) visas that can be granted for the 2007/2008 financial year. This visa category is subject to capping due to the high demand and limited availability of places. Once the cap is reached, no further visas can be granted for that financial year, although affected applications will be carried over and decided early in the 2008/2009 financial year. The instrument does not directly or substantially indirectly affect business or restrict competition, and therefore, no consultation was undertaken. The instrument, IMMI 08/008, becomes effective on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

This legislation under the Migration Act 1958, specifically section 85, establishes a determination regarding the maximum number of Contributory Aged Parent (Residence) (Class DG) visas that can be granted in the 2007/2008 financial year. The Minister has the authority to set this cap through a Gazette Notice, and in this instance, the cap has been set at 300 visas (section 85). This limitation is implemented to manage the high demand and limited availability of these visas, ensuring they are allocated efficiently within the constraints of the financial year. The Act imposes certain obligations on the relevant parties. Applicants for a Contributory Aged Parent (subclass 864) visa must meet the balance of family test if they are not already holding a Subclass 884 visa or a substituted Subclass 676 visa (clause 864.214). This requirement is intended to ensure that the visa is granted to applicants who will not unduly diminish the family support available to relatives in their country of origin. Additionally, once the cap of 300 visas is reached for the financial year, no further visas can be granted, and affected applicants will have their applications carried over to the 2008/2009 financial year. The legislation also includes provisions regarding the consequences of non-compliance. While the explanatory statement does not explicitly detail offences or penalties, it is reasonable to infer that breaches of the visa cap could lead to legal consequences. Typically, under the Migration Act, unauthorised actions or over-allocation of visas could result in penalties, including fines or imprisonment. However, the specific penalties would need to be referenced from the relevant sections of the Act or associated regulations. This determination does not directly or substantially impact business or restrict competition, which is why consultation was deemed unnecessary. The primary focus is on managing the visa allocation process to ensure equitable distribution and to meet the legislative objectives of the Act. The Instrument, IMMI 08/008, becomes effective on the day following its registration on the Federal Register of Legislative Instruments, marking the official commencement of the cap on Contributory Aged Parent (Residence) (Class DG) visas.