EXPLANATORY STATEMENT
Migration Act 1958
DETERMINATION UNDER SECTION 85 OF THE MIGRATION ACT 1958: MAXIMUM NUMBER OF CONTRIBUTORY PARENT (MIGRANT) (CLASS CA) VISAS THAT MAY BE GRANTED IN THE 2007/2008 FINANCIAL YEAR
1. 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 Contributory Parent Category was introduced in 2003 to enable the expansion of the parent migration program.
4. Clause 143.213 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’) provides that if an applicant for a Contributory Parent (Subclass 143) visa, at the time of application, is neither (a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa, nor (b) the holder of a substituted Subclass 676 visa, the applicant must satisfy the balance of family test.
5. This Instrument operates to impose a maximum number of 2521 Contributory Parent (Migrant) (Class CA) visas that may be granted for the 2007/2008 financial year to those people who satisfy clause 143.213 of Schedule 2 to the Regulations.
6. The purpose of this Instrument is to impose a cap on the number of Contributory Parent (Migrant) (Class CA) visas granted to those people who satisfy clause 143.213 of Schedule 2 to the Regulations 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 who are affected will be carried over and decided early in the 2008/2009 financial year.
7. This Instrument does not have a direct, or a substantial indirect, effect on business or restrict competition. As such, consultation was not undertaken.
8. The Instrument, IMMI 08/0007, commences on the day after registration on the Federal Register of Legislative Instruments.