EXPLANATORY STATEMENT

Migration Act 1958

VISA CAPPING FOR 2006/2007 FINANCIAL YEAR:

AGED PARENT (RESIDENCEMIGRANT) (CLASS AXBP) 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.

3.                  Section 56 of the Legislative Instruments Act 2003 relevantly provides that if the enabling legislation in relation to an instrument as in force at any time before the commencing day  required the text of the instrument to be published in the Gazette, in certain circumstances the requirement for publication in the Gazette is taken to be satisfied if the instrument is registered on the Federal Register of Legislative Instruments.

4.                  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 for the 20064-/20075 financial year. The Parent Category consists of 2 visa classes – the Class AX Parent (Migrant) (Class AX) visa ‘(the Parent (Migrant) class visa’) and the Class BP Aged Parent (Residence) (Class BP) visa (‘the Aged Parent (Residence) class visa’). A cap of 1000 visas is placed on the Parent Category for the 20064-/20075 financial year. Relevantly, this Instrument imposes a maximum number of 32005 Aged Parent (Residence) c(Class BP) visas that may be granted for the 20064-/20075 financial year. A separate Instrument imposes a cap of 696805 Parent (Migrant) c(Class AX) visas that may be granted over during the same financial year.  

5. The Aged Parent (Residence) c(Class BP) visa is subject to visa capping due to high demand and limited number of places available. Once the limit set by the Government for the Aged Parent (Residence) class visa for a specific financial year has been reached, no further visas can be granted in that financial year. Applicants are queued until a place becomes available.  There are approximately 22 0,000 people waiting for a decision on a Parent (Migrant) (Class AX) or an Aged Parent (Residence) c(Class BP) visa application.  Of these, approximately 17 000 are queued. 

6. The Qqueuing mechanism is a method of managing the parent caseload so that the visa places available under the parent programme 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[A1].  The queue is a continuum used both before and after the cap is reached.

7. The Contributory contributory Pparent Ccategory was introduced in 2003 to enable the expansion of the parent migration programme, thus addressing the demand in the pre-existing Pparent Ccategory while mireducnimising the potential cost to the Commonwealth budget of an increase in Australia’s aged population.  The Contributory contributory Pparent Ccategory for 20064-20075 iswas not to exceed 3, 500 places. 

87. The Instrument operates to specify theimpose the maximum number of 305 Aged Parent (Residence) c(Class BP) visas that may be granted for the 20064/-20075 financial year.  

98. 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.

109. The Instrument, IMMI 07/017, commences on the 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)day after registration on the Federal Register of Legislative Instruments.

[A1]More precise than what? Can you add some further explanation here of what you mean. Same in the other ES.