EXPLANATORY STATEMENT
Migration Act 1958
VISA CAPPING FOR 2006/2007 FINANCIAL YEAR:
AGED PARENT (RESIDENCEMIGRANT) (CLASS AXBP) VISAS
(SECTION 85)
- 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.
Overview
The Migration Act 1958 was enacted to regulate the movement of people to, from and within Australia, providing a framework for the administration of the migration program. The Act was introduced to address the need for a comprehensive legislative approach to immigration and visa regulation, ensuring the orderly and efficient management of migration flows into the country. The Act was enacted by the Australian Parliament, reflecting the federal nature of immigration control in Australia. The Explanatory Statement for the legislative instrument F2007L01324 indicates that the policy objective of this particular legislative instrument is to impose a cap on the number of visa grants for the Non-Contributory Parent Category for the 2006/2007 financial year, specifically targeting the Aged Parent (Residence) class visa. This cap was introduced in response to high demand and limited availability of visas, ensuring that the migration program can be managed effectively and fairly. The Instrument specifies a maximum of 3200 Aged Parent (Residence) class visas that may be granted for the specified financial year, demonstrating the government’s commitment to controlling the flow of such visas to prevent oversubscription and to manage the queue of applicants efficiently.
Scope and Application
The Migration Act 1958, as amended by the Visa Capping for 2006/2007 Financial Year: Aged Parent (Residence Migrant) (Class AXBP) Visas Instrument, applies specifically to the issuance of visas under the Non-Contributory Parent Category, encompassing the Class AX Parent (Migrant) visa and the Class BP Aged Parent (Residence) visa. This legislative instrument restricts the number of these visas that can be granted in a particular financial year to manage the high demand and limited availability of such visas. The Aged Parent (Residence) class visa has a cap of 305 visas for the 2006/2007 financial year, while a separate instrument imposes a limit of 69,680 visas for the Parent (Migrant) class visa. Once these caps are reached, no further visas will be granted until the next financial year. This legislation is administered under the Commonwealth of Australia and applies nationally, aiming to regulate the flow of applicants and ensure an orderly allocation of visa places. The Instrument does not impose any direct or substantial indirect effects on business or restrict competition, thus consultation was deemed unnecessary. The Instrument, registered as IMMI 07/017, comes into effect the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary sections of this legislation (sections 3 and 8) establish the cap on the number of visas that can be granted for the Aged Parent (Residence) (Class BP) visa for the 2006/2007 financial year, setting the limit at 3205 visas. This is done under the authority of section 85 of the Migration Act 1958, which allows the Minister to determine the maximum number of visas that may be granted for a specific class or classes of visa within a particular financial year through a notice published in the Gazette. Regulation 1.17 of the Migration Regulations 1994 further supports this by allowing the Minister to specify matters required by individual provisions of the Regulations. This cap is part of a broader mechanism to manage the demand and allocation of parent visas, ensuring that the number of visas granted does not exceed the predetermined limit for the financial year. Once the cap is reached, no further visas can be granted until the next financial year.
The obligations imposed by this legislation primarily concern the management and administration of visa applications within the specified cap. The Act requires the orderly allocation of visas under the Aged Parent (Residence) class, ensuring that applications are processed in a queue system that becomes effective once the cap is reached. This queuing system helps manage the high demand and limited availability of visas by providing clarity to applicants regarding their position in the queue and preventing unnecessary requests for further payments. The Act also mandates that once the cap is met, no additional visas can be granted for the remainder of the financial year, thereby maintaining the integrity of the visa allocation process.
In terms of consequences for breach, while the Explanatory Statement does not explicitly mention any specific offences or penalties, it is implied that exceeding the visa cap set by this legislation could lead to non-compliance with the Act. Such non-compliance might result in administrative or legal consequences, including potential revocation of visas issued beyond the cap. However, the precise nature and extent of these penalties are not detailed within the Explanatory Statement, and further reference to the Migration Act 1958 and associated regulations would be necessary to fully understand the ramifications of breaching the visa cap.