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

Administered by Department of Home Affairs

Legislation au F2006L01773 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

     

Migration Act 1958

        Migration Regulations 1994

VISA CAPPING FOR 2005/2006 FINANCIAL YEAR: CONTRIBUTORY PARENT (MIGRANT) (CLASS CA) 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.

 

3.             Clause 143.213 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’) provides that an applicant for a Contributory Parent (subclass 143) visa who, 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.

 

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.

 

TThe 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 3,5001000 visas is placed on the Contributory Parent Category for the 20054-20065 financial year.

 

Within the permanent Contributory Parent  Category visas(Migrant) (Class CA) and Contributory Aged Parent (Residence)(Class DG), applicants are made up of those who:

 

are applying directly for a permanent  Contributory Parent Category visa without having previously held a temporary Contributory Parent Category visa; or

are  applying for a permanent Contributory Parent Category visa having previously held a  relevant temporary Contributory Parent Category vvisa.

 


Applicants who are applying directly for a Contributory Parent Category visa without having previously held a temporary Contributory Parent Category visa are identified under clause 143.213 for Contributory Parent (Migrant) (Class CA) visa applicants and clause 864.214 for Contributory Aged Parent (Residence) (Class DG) visa applicants.

 

4.             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 2005/-2006 financial year, so that .this cap will not prevent Contributory Parent (Temporary) (Class UT) visa holders from being granted their permanent visa (Contributory Parent (Migrant) (Class CA)).  . They do not need to be subject to this cap, as they have already been counted in the migration programme when they were granted their Contributory Parent (Temporary) (Class UT) visa.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.

 

 Relevantly, tThis Instrument operates to imposes a maximum number of xxx2,277  the Contributory Parent (Class CA- (Migrant) (Class CA) visas 320 Aged Parent (Residence) class visas tthat may be granted for the 20054/-20065 financial year to those people who satisfy clause 143.213 of Schedule 2 to the Regulations. A sSeparate Instruments imposes a cap of xxx Contributory Parent (Class UT-(Temporary) (Class UT) visas, xxx680  for the Contributory Aged Parent (Class DG (Residence) (Class DG) visas visa and xxx for the Contributory Aged Parent (Temporary) (Class UU-Temporary)) Parent (Migrant) class visass that may be granted over the same financial year.   

5.              

5.              The Contributory Parent (Class CA- (Migrant) (Class CA) Aged Parent (Residence) class visas isare 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 Parent (Class CA- (Migrant) (Class CA) 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.  This will affect only a small number of applicants this financial year.  There are aApproximately 15020,000 people will be waiting for a decision on a ((Class CA) Parent (Migrant) or an Aged Parent (Residence) class visa They will be able to be finalised early in the 2006-2007 financial year.  application. 

 

 

 

 

 

The Contributory Parent (Migrant) (Class CA) visa is also subject to queuing.  6. 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 Contributory Parent (Class CA- Migrant) visas 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.

 

 

6.             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.

 

 

 

108.              The Instrument, IMMI 06/044, 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.

7.              

Overview

The Explanatory Statement outlines the legislative instrument F2006L01773, which is made under regulation 1.17 of the Migration Regulations 1994 and section 85 of the Migration Act 1958. Enacted by the Minister for Immigration and Multicultural and Indigenous Affairs, the instrument addresses the need to impose a cap on the number of Contributory Parent (Migrant) (Class CA) visas that may be granted in the 2005/2006 financial year. This cap was introduced to manage the high demand and limited number of places available within the Contributory Parent Category, which was established in 2003 to expand the parent migration programme while mitigating the potential budgetary impact of an increasing aged population in Australia. The purpose of this instrument is to specify the number of visas that can be granted, ensuring an orderly allocation of available places and managing the queue of applicants awaiting decisions. Once the cap is reached, no further visas will be granted for that financial year, affecting only a small number of applicants who will be queued and have their applications decided early in the subsequent financial year.

Scope and Application

The F2006L01773 Migration Act 1958 Visa Capping for 2005/2006 Financial Year: Contributory Parent (Migrant) (Class CA) Visas Instrument applies to the Contributory Parent (Migrant) (Class CA) visa under the Migration Regulations 1994, specifically targeting individuals who apply for this visa without having previously held a temporary Contributory Parent (Class UT) visa. This legislative instrument operates within the Commonwealth jurisdiction, affecting applicants nationwide. The primary aim is to impose a cap on the number of Contributory Parent (Migrant) (Class CA) visas granted for the 2005/2006 financial year, capping it at 3,500 visas. This measure is implemented due to the high demand and limited availability of visas within this category. Once the cap is reached, no further visas can be granted for that financial year, with any surplus applications being carried over to the next financial year. The Instrument does not apply to applicants who hold or have previously held a temporary Contributory Parent (Class UT) visa, as they are not subject to this cap. The legislation does not contain any specific exclusions or exemptions and operates independently without the need for additional subordinate instruments.

Key Provisions

The main operative sections of this legislation involve the imposition of caps on the number of Contributory Parent (Migrant) (Class CA) visas that may be granted in the 2005/2006 financial year (section 85 of the Migration Act 1958, referred to as the "Act", and clause 143.213 of Schedule 2 to the Migration Regulations 1994, referred to as the "Regulations"). The Minister determines, by Gazette Notice, the maximum number of visas of a specified class or classes that may be granted in a specified financial year (section 85 of the Act). This Notice Instrument specifies that a cap of 3,500 visas is placed on the Contributory Parent Category for the 2005/2006 financial year. The Act imposes obligations on parties involved in the visa application process. Specifically, applicants for a Contributory Parent (subclass 143) visa must satisfy the balance of family test if they are neither the holder of a Subclass 173 (Contributory Parent (Temporary)) visa nor a holder of a substituted Subclass 676 visa (clause 143.213 of Schedule 2 to the Regulations). Additionally, the Act places a cap on the number of visas that may be granted, which affects the timing of application processing and the queue for visa allocation. Under this legislation, there are no specific offences or penalties outlined for breach. However, failure to adhere to the visa cap and associated requirements may result in applications being carried over to the next financial year, with decisions made early in that year. This means that applicants who are not granted a visa within the specified cap will have to wait until the following financial year for their applications to be processed. The legislation also introduces a queuing mechanism to manage the parent caseload and allocate visa places in an orderly way until the numeric target or cap is met. This mechanism eliminates unnecessary requests for the payment of second instalments of visa application charges and bonds, ensuring a more precise and efficient process for applicants. The queue operates both before and after the cap is reached, providing applicants with clarity on their position in the application process. In summary, this legislation imposes a cap on the number of Contributory Parent (Migrant) (Class CA) visas that can be granted in the 2005/2006 financial year, introduces a queuing mechanism for managing the visa allocation process, and requires applicants to satisfy the balance of family test if they do not hold certain specified visas. While there are no specific offences or penalties outlined, failure to adhere to the cap and requirements may result in applications being carried over to the next financial year.

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