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

Administered by Department of Home Affairs

Legislation au F2006L01778 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Act 1958

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

(SECTION 85)

 

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

 

2.                  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.

 

3.2.            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.

 

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 Contributory Parent Category over the 2005-2006 financial year. The Contributory Parent Category consists of 4 visa classes – the Contributory Parent (Migrant) (Class CA) visa, the Contributory Parent (Temporary) (Class UT) visa, the Contributory Aged Parent (Residence) (Class DG) visa and the Contributory Aged Parent (Temporary) (Class UU) visa. A cap of 3,500 visas is placed on the Contributory Parent Category for the 2005-2006 financial year.

 

3.                    The purpose of this Instrument is to impose a cap on the number of Contributory Parent (Temporary) (Class UT) 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.                   Relevantly, tThis Instrument operates to imposes a maximum number of xxx832  in the Contributory Parent (Temporary) (Class UT) visas that may be granted for the 2005/-2006 financial year.

 

4.                  A sSeparate Instruments imposes a cap of XXX for Contributory Parent (Migrant) (Class CA) visas, XXX for the Contributory Aged Parent (Residence) (Class DG) visas and XXX the Contributory Aged Parent (Temporary) (Class UU) class visas that may be granted over the same financial year.

 


5. The Contributory Parent (Class UT-Temporary) (Class UT) visas is are subject to visa capping due to high demand and limited number of places available. Once the limit set by the Government for the Contributory Parent (Class UT-(Temporary) (Class UT) visas 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.

 

. Applicants are queued until a place becomes available.  There are approximately 900 people waiting for a decision on a Contributory Parent (Class UT-Temporary) (Class UT) visa.

 

 

 

 

 

 

6. The Contributory Parent (Temporary) (Class UT) 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 2005-2006 was not to exceed 3, 500 places.  

 

8. The Instrument operates to specify the number of Contributory Parent (Class UT-Temporary) that may be granted for the 2005-2006 financial year.  

 

9. 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.

5.                   

 

 

10. The Instrument, IMMI 06/042, 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).

 

6.                   

Overview

The Migration Act 1958 was enacted to provide for the control of migration into and out of Australia and for related purposes. The legislation serves as the primary legal framework governing the entry, stay, and departure of non-citizens from Australia, encompassing a wide range of provisions related to visas, immigration detention, and the rights and obligations of migrants. The Act was introduced to address the need for comprehensive regulation of migration in order to manage the flow of people into the country and ensure that it aligns with national interests and policy objectives. This Instrument, made under regulation 1.17 of the Migration Regulations 1994 and section 85 of the Migration Act 1958, seeks to impose a cap on the number of Contributory Parent (Temporary) (Class UT) visas that may be granted for the 2005/2006 financial year. This measure is introduced in response to the high demand for these visas and the limited number of places available, ensuring that the intake does not exceed the predetermined cap of 3,500 visas for the financial year. Once the cap is reached, no further visas can be granted for that financial year, and applications will be carried over and processed in the subsequent year, subject to the queuing mechanism that manages the allocation of available visa places.

Scope and Application

The Migration Act 1958 applies to a wide range of individuals and entities involved in the migration process within Australia. This includes applicants for various visa classes, sponsors, and the Minister for Immigration, who has the authority to set caps on the number of visas granted in a financial year. The Act's jurisdiction covers all of Australia, making it a Commonwealth law. The explanatory statement specifies that this particular Instrument focuses on capping the number of Contributory Parent (Temporary) (Class UT) visas that can be granted during the 2005-2006 financial year, which falls under the purview of the Migration Regulations 1994. The cap is set at 832 visas for this class, as part of an overall limit of 3,500 visas for the Contributory Parent Category. Once the cap is reached, no further visas can be granted for that financial year, and applications will be queued and processed in the subsequent year. There are no exclusions or exemptions specified in this Instrument, and its application is limited to the specified financial year. The Instrument's commencement follows its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation, specifically the Instrument IMMI 06/042, involve the imposition of a cap on the number of Contributory Parent (Temporary) (Class UT) visas that can be granted for the 2005-2006 financial year. This cap is part of a broader set of restrictions applied to the Contributory Parent Category, which includes four visa classes: Contributory Parent (Migrant) (Class CA), Contributory Parent (Temporary) (Class UT), Contributory Aged Parent (Residence) (Class DG), and Contributory Aged Parent (Temporary) (Class UU). The overall cap for the Contributory Parent Category is set at 3,500 visas for the specified financial year, with individual caps for each of the four visa classes. For the Contributory Parent (Temporary) (Class UT) visa, the specific cap is 832 visas. This Act imposes obligations on applicants for these visas, requiring them to adhere to the specified caps and to be aware that once the limit for a particular financial year is reached, no further visas will be granted until the next financial year. It also necessitates that applications be queued when the cap is met, ensuring an orderly allocation of available visa places. Applicants will need to wait until a place becomes available and their application is processed, which will occur early in the subsequent financial year. Any breaches of these caps and requirements could lead to administrative consequences for applicants. Specifically, applicants whose applications are submitted after the cap has been reached will not receive a visa until the next financial year. This means their applications will be held in a queue and processed in order once the cap is lifted. While the legislation does not explicitly state criminal or civil penalties for non-compliance, the primary consequence is the delay in visa processing and potential extended waiting periods for applicants. The maximum penalties for breaches of these provisions are not explicitly detailed in the text, but generally, the primary consequence is administrative, focusing on the delay in processing and adherence to the queue system. The emphasis is on orderly management of the visa allocation process rather than on imposing strict punitive measures.

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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.