EXPLANATORY STATEMENT
Migration Act 1958
DETERMINATION UNDER SECTION 85 OF THE MIGRATION ACT 1958: MAXIMUM NUMBER OF CONTRIBUTORY AGED PARENT (TEMPORARY) (CLASS UU) VISAS THAT MAY BE GRANTED IN THE 2007/2008 FINANCIAL YEAR
- This Instrument is made under section 85 of the Migration Act 1958 (‘the Act’).
2. Section 85 of the Act allows the Minister to determine by Gazette Notice 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 Instrument is to impose a cap on the number of Contributory Aged Parent (Temporary) (Class UU) visas granted for the 2007/2008 financial year. This visa is subject to visa capping due to high demand and limited number of places available. Once the limit for a specific financial year has been reached, no further visas can be granted in that financial year. The applications of those applicants affected will be carried over and decided early in the 2008/2009 financial year.
4. This Instrument operates to impose a maximum number of 29 Contributory Aged Parent (Temporary) (Class UU) visas that may be granted for the 2007/2008 financial year.
5. This Instrument does not have a direct, or a substantial indirect, effect on business or restrict competition. As such, consultation was not undertaken.
6. The Instrument, IMMI 08/009, commences on the day after registration on the Federal Register of Legislative Instruments.
Overview
The Migration Act 1958, enacted by the Australian Parliament, serves as the primary piece of legislation governing the immigration and visa processes in Australia. It provides the framework for the regulation, administration, and control of migration into and out of the country. The Act allows the Minister for Immigration to determine the maximum number of visas of specified classes that may be granted in any financial year, as stipulated in section 85 of the Act. The explanatory statement outlines a specific determination under this section, addressing the need to cap the number of Contributory Aged Parent (Temporary) (Class UU) visas for the 2007/2008 financial year due to the high demand and limited availability of places. This measure ensures that the visa cap is adhered to, preventing over-allocation of the available visas within the specified financial period. Once the limit is reached, no further visas can be granted for that financial year, with affected applications being deferred to the next financial year. This legislative action aims to maintain an orderly and equitable visa allocation process.
Scope and Application
The Migration Act 1958, as specified in the Determination under Section 85, regulates the maximum number of Contributory Aged Parent (Temporary) (Class UU) visas that can be granted in a specified financial year. This particular legislative instrument is applied to individuals seeking to obtain this specific type of visa, which allows parents of Australian citizens or permanent residents to temporarily reside in Australia. The geographic reach of this Act is national, applying uniformly across Australia. There are no direct effects on businesses or competition as stated in the explanatory statement, and therefore no substantial consultation was required. The cap set by this instrument restricts the issuance of these visas to a maximum of 29 in the 2007/2008 financial year. Once this limit is reached, no further visas can be granted for that financial year, and applications will be carried over to the subsequent year. This legislative measure ensures a controlled allocation of limited resources to meet the high demand for this visa category.
Key Provisions
The Migration Act 1958, through section 85, empowers the Minister to determine, via a Gazette Notice, the maximum number of visas of a specified class that can be granted in a particular financial year (s. 85). This legislative provision allows for the imposition of caps on specific visa categories to manage demand and ensure equitable distribution of resources. The Explanatory Statement outlines that for the 2007/2008 financial year, the focus is on the Contributory Aged Parent (Temporary) (Class UU) visas. Specifically, the determination under section 85 sets a cap of 29 visas for this class for that financial year (s. 4).
The obligations imposed by this legislation require the Department of Home Affairs to monitor and control the issuance of Contributory Aged Parent (Temporary) (Class UU) visas strictly within the set limit. Any applications that exceed the predetermined number for the financial year will not be processed further within that year and will be carried over to the next financial year for consideration (s. 4). This ensures that the quota is adhered to and helps in planning and resource allocation for future years.
In terms of compliance and enforcement, any breach of the visa cap or improper application processes could lead to significant consequences. While the Explanatory Statement does not explicitly mention penalties, breaches of visa conditions or misrepresentation can lead to severe penalties under the Migration Act. Such penalties could include fines, imprisonment, or both, depending on the severity of the offence (s. 116, 117, 122). The maximum penalties for these offences can be substantial, reflecting the seriousness with which the Australian government treats immigration law violations.