Migration Act 1958 - Determination Under Section 85 - Maximum Number of Contributory Parent (Migrant) (Class CA) Visas that may be granted in the 2007/2008 Financial Year

Overview

The "Migration Act 1958" was enacted to establish a comprehensive framework for the regulation of migration into and within Australia. This Act serves to address the need for a structured approach to managing immigration, ensuring that the process is fair, orderly, and responsive to Australia's socio-economic needs. This determination under section 85 of the Act, made by the Minister for Immigration and Citizenship, sets a maximum number of 2,521 Contributory Parent (Migrant) (Class CA) visas that can be granted for the 2007/2008 financial year. The policy objective behind this limitation is to manage the high demand for this particular visa category and to ensure that there are sufficient resources and capacity to process applications effectively. This cap also aims to balance the interests of applicants with the need to maintain the integrity of Australia's immigration system.

Scope and Application

The explanatory statement outlines a legislative instrument made under the Migration Act 1958, which imposes a cap on the number of Contributory Parent (Migrant) (Class CA) visas that can be granted in the 2007/2008 financial year. This determination is made by the Minister under section 85 of the Act, limiting the issuance to 2521 visas for applicants who satisfy the balance of family test, as stipulated in clause 143.213 of Schedule 2 to the Migration Regulations 1994. The purpose of this cap is to manage high demand and limited availability of these visas, ensuring that once the specified number is reached, no additional visas will be granted in that financial year, with affected applications being carried over to the next year. The instrument, IMMI 08/0007, commences on the day after its registration on the Federal Register of Legislative Instruments, thus applying nationally and affecting individuals seeking to migrate under the Contributory Parent (Migrant) (Class CA) visa category.

Key Provisions

The key operative sections of the determination revolve around the cap imposed on the number of Contributory Parent (Migrant) (Class CA) visas that may be granted in the 2007/2008 financial year. This cap is specifically set at 2521 visas, as stated in clause 143.213 of Schedule 2 to the Migration Regulations 1994 (section 5). The cap applies to applicants who satisfy the balance of family test, as outlined in the explanatory statement (section 4). This legislative instrument, made under section 85 of the Migration Act 1958, aims to manage the demand for these visas due to limited places available (section 2). The obligations and requirements imposed by the Act on the relevant parties include ensuring that the total number of Contributory Parent (Migrant) (Class CA) visas granted in the specified financial year does not exceed the set limit of 2521 (section 5). This limitation is intended to manage the flow of immigration applications and ensure that the visa program remains sustainable within the given financial constraints. The obligations also extend to the processing of applications, with those exceeding the cap being carried over to the next financial year for consideration (section 6). The determination also stipulates that the visa is subject to capping and that once the limit is reached, no further visas can be granted for that financial year (section 6). The consequences for breach of this determination are not explicitly detailed in the explanatory statement. However, the implications of exceeding the cap would likely involve the non-granting of visas to applicants beyond the specified limit. Such breaches might also result in administrative actions taken against the applicants or their representatives, although specific penalties are not mentioned in the text. The primary focus of the legislation is to maintain control over the number of visas issued, ensuring that the immigration program remains balanced and sustainable. The lack of direct or substantial indirect effects on business or competition suggests that the primary concern is regulatory rather than economic.