Migration Act 1958 - Determination under section 85 - Visa Capping for 2005/2006 Financial Year: Contributory Aged Parent (Temporary) (Class UU) Visas - June 2006

Administered by Department of Home Affairs

Legislation au F2006L01772 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Migration Act 1958

VISA CAPPING FOR 2005/2006 FINANCIAL YEAR: CONTRIBUTORY AGED PARENT (TEMPORARY) (CLASS UU) VISAS

(SECTION 85)

 

  1. This Notice Instrument is made under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and section 85 of the Migration Act 1958 (‘the Act’).

 

Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purpose of those provisions.

 

2.                  Section 85 of the Act provides allows the Minister the power 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.

 

The Contributory Parent Category was introduced in 2003 to enable the expansion of the parent migration programme, thus addressing the demand in the pre-existing Parent Category while minimising the potential cost to the Commonwealth budget of an increase in Australia’s aged population.

 

The purpose of the Instrument is to impose a cap on the number of visa grants for the Non-Contributory Parent Category (‘the Parent Category’) over the 20054-20065 financial year. The Contributory Parent Category consists of 42 visa classes – the Contributory Parent ((Class CAX Parent-  (Migrant) (Class CA) visa, visa ‘(the Parent (Migrant) class visa’) and the Contributory Parent (Class UT-(Temporary) (Class UT) visaBP Aged Parent (Resid, the Contributory Aged Parent (Class DG (Residence)ence) (Class DG) visa and the Contributory Aged Parent (Class UU-(Temporary) (Class UU) visa(‘the Aged Parent (Residence) class visa’). A cap of 1000 visas is placed on the Parent Category for the 2004-2005 financial year.

 

3.                   The purpose of the Instrument is to impose a cap on the number of Contributory Aged Parent (Temporary) (Class UU) visas granted for the 2005/-2006 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.  This will affect only a small number of applicants this financial year.  Their applications will be carried over and decided early in the 2006/2007 financial year.

 

4. 

 

 TRelevantly, this Instrument operates to imposes a maximum number of XXX26xxx320 Aged Parent (Residence) class  Contributory Aged Parent (Class UU-(Temporary) (Class UU) visas that may be granted for the 20054/-20065 financial year. A sSeparate Instruments imposes a cap of XXXxxx680 in the Contributory Parent (Class CA- (Migrant) (Class CA) visas,and XXXxxx in the Contributory Parent (Class UT-(Temporary) (Class UT) visas and XXXxxx in the Contributory Aged Parent (Class DG (Residence) (Class DG) visasParent (Migrant) class visas that may be granted over the same financial year.   

 


5. The Aged Parent (Residence) class Contributory Aged Parent (Class UU-(Temporary) (Class UU) visas is are is subject to visa capping due to high demand and limited number of places available. Due to the high demand and limited number of places, the parent category is subject to capping and queuing. Once This means that once the limit set by the Government for this visa classthe Contributory Aged Parent (Temporary) (Class UU) Class UU-Temporary) Aged Parent (Residence) class visas  for thea Migration Program Yearspecific financial year has been reached, no further visas can be granted in that Program Yearfinancial year.  This will affect only a small number of applicants this financial year.  Their applications will be carried over and  decided early in the 2006-2007 financial year.

Once a cap is reached, aApplicants are wait in a queued until a place becomes available.  There are approximately 25 people waiting for a decision on a Contributory Aged Parent (Temporary) (Class UU) visa.  There are approximately 20,000 people waiting for a decision on a Parent (Migrant) or an Aged Parent (Residence) class visa application. 

 

 

5. 

 

 

 

6. Contributory Aged Parent (Temporary) (Class UU) visa is also subject to queuing.  The qQueuing mechanism is a method of managing the parent caseload so that the visa places available under the parent program are allocated in an orderly way until the numeric target or cap is met.  Queuing eliminates unnecessary requests for the payment of second instalments of visa application charges and bonds.  Applicants know where they stand well in advance and it is more precise.  The queue is a continuum used both before and after the cap is reached.

 

7. The Contributory Parent Category was introduced in 2003 to enable the expansion of the parent migration program, thus addressing the demand in the pre-existing Parent Category while minimising the potential cost to the Commonwealth budget of an increase in Australia’s aged population.  The Contributory Parent Category for 20054-20065 was not to exceed 3, 500 places. 

 

86. The Instrument operates to specify the number of the Contributory Aged Parent (Class UU-Temporary) Aged Parent (Residence) class visas that may be granted for the 20054-20065 financial year.  

 

 

There are no documents incorporated in the instrument by reference.

 

 

967. This Instrument does not have a direct, or a substantial indirect, effect on business or restrict competition (subsection 17(1) of the Legislative Instruments Act 2003 refers). As such, consultation was not undertaken.

 

6. 

 

108. The Instrument, IMMI 06/0435, commences on the day after registration on the Federal Register of Legislative Instruments. first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).

Internal Consultation was undertaken with Migration Program Section, the Legislative Instruments Unit, State and Territory offices and the Perth Offshore Processing Centre before the instrument was made.

 

7. The instrument commences on the day of publication in the Gazette.

 

Overview

The Migration Act 1958, enacted by the Parliament of Australia, governs various aspects of migration and visa regulations within the country. In 2003, the Act was amended to introduce the Contributory Parent Category, which expanded the parent migration program to manage the demand for parent visas while mitigating the potential fiscal impact of an ageing population. The Act grants the Minister the authority to set caps on the number of visas granted in a specified financial year through the Migration Regulations 1994. A Notice Instrument was subsequently issued in 2006 to impose a cap on the number of Contributory Aged Parent (Temporary) (Class UU) visas for the 2005/2006 financial year due to high demand and limited places available. Once the cap is reached, no further visas can be granted for that financial year, and applicants will be queued for processing in the following year. The primary objective of the Instrument is to impose a specific cap on the number of Contributory Aged Parent (Temporary) (Class UU) visas that can be granted in the 2005/2006 financial year, reflecting the need to manage the parent migration program efficiently. The Instrument specifies a cap of 26,320 visas for this particular visa class, alongside other caps for different categories within the Contributory Parent Category. This approach ensures that visa places are allocated in an orderly manner, thereby eliminating unnecessary requests for payment of second instalments of visa application charges and bonds. Internal consultation was undertaken with relevant sections and offices before the instrument was made, and it commenced on the day of its publication in the Gazette.

Scope and Application

The Explanatory Statement outlines the application and scope of a Notice Instrument made under the Migration Act 1958 and the Migration Regulations 1994, specifying the cap on the number of Contributory Aged Parent (Temporary) (Class UU) visas that may be granted in the 2005/2006 financial year. This Notice Instrument imposes a cap on the number of visas to address high demand and limited places available, ensuring the orderly allocation of visas within the parent migration program. The cap applies specifically to the Contributory Aged Parent (Temporary) (Class UU) visa, one of the 42 classes within the Contributory Parent Category, which was introduced to expand the parent migration program in 2003. Once the cap of 320 visas for the Class UU visa is reached, no further visas can be granted for that financial year, with applications being carried over to the next financial year. The Instrument also imposes caps on other classes within the Contributory Parent Category, with a total cap of 3,500 places for the 2005/2006 financial year. The queuing mechanism ensures that applicants know their standing and eliminates unnecessary requests for payment of visa application charges and bonds. The Instrument commences on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this Notice Instrument, which is made under the Migration Regulations 1994 and the Migration Act 1958, involve the specification of visa caps for the 2005/2006 financial year. Specifically, section 85 of the Act empowers the Minister to determine by Gazette Notice the maximum number of visas of specified classes that may be granted in a particular financial year. This Notice Instrument imposes a cap of 3,500 visas on the Contributory Parent Category for the 2005/2006 financial year, which includes Contributory Aged Parent (Temporary) (Class UU) visas and other related visas (sections 3 and 4). The cap for Contributory Aged Parent (Temporary) (Class UU) visas is set at 320 visas for this financial year. The obligations imposed by this Act require the Minister to ensure that the number of visas granted does not exceed the specified caps. This involves managing the allocation of visas within the set limits and maintaining a queue system to manage applications once the cap is reached (sections 5 and 6). The queuing mechanism ensures that applicants know their position in the queue and prevents unnecessary payment requests for visa application charges and bonds. The Notice Instrument does not specify any specific offences, penalties, or consequences for breach of the visa caps. However, the general provisions of the Migration Act 1958 may apply to breaches of visa regulations, which could include fines or imprisonment. The maximum penalties for breaches of the Migration Act are significant and can vary depending on the nature and severity of the breach, but they are not detailed in this particular Notice Instrument. The Instrument's primary focus is on the administrative management of visa allocations rather than on punitive measures.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.