Migration Act 1958 - Determination under section 85 - Visa Capping for 2006/2007 Financial Year: Parent (Migrant) (Class AX) Visas - May 2007

Administered by Department of Home Affairs

Legislation au F2007L01323 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Act 1958

 

VISA CAPPING FOR 2006/2007 FINANCIAL YEAR:

 

PARENT (MIGRANT) (CLASS AX) 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 695680 Parent (Migrant) c(Class AX) visas that may be granted for the 20064/20075 financial year. A separate Instrument imposes a cap of 32005 Aged Parent (Residence) c(Class BP) visas that may be granted over during the same financial year.

 

5. The Parent (Migrant) c(Class AX) 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 Parent (Migrant) 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 220,000 people waiting for a decision on a Parent (Migrant) (Class AX) or an Aged Parent (Residence) (Cclass 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. 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 reducingminimising the potential cost to the Commonwealth budget of an increase in Australia’s aged population.  The contributory Pparent Ccategory for 20064-20075 was not to exceed 3, 500 places. 

 

87. The Instrument operates to specify the number ofimpose the maximum number of 695 Parent (Migrant) c(Class AX) 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 07/016, 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.

 

 

Overview

The Migration Act 1958 was enacted by the Australian Parliament to regulate the entry and stay of non-citizens in Australia. The Visa Capping for 2006/2007 Financial Year: Parent (Migrant) (Class AX) Visas Instrument, made under regulation 1.17 of the Migration Regulations 1994, aims to address the problem of high demand and limited places for the Parent (Migrant) visa category. This Instrument imposes a cap of 695 Parent (Migrant) visas for the 2006/2007 financial year. The policy objective is to manage the parent caseload effectively by implementing a queuing mechanism that allocates visa places in an orderly manner. Once the cap is reached, no further visas can be granted for that financial year, ensuring that applicants are queued until a place becomes available.

Scope and Application

The Migration Regulations 1994 under the Migration Act 1958 allow the Minister to impose a cap on the number of Parent (Migrant) (Class AX) visas that can be granted in a specified financial year through a Gazette Notice. The specific Instrument, IMMI 07/016, applies to the Parent (Migrant) class visa and sets a maximum number of 695 visas that can be granted for the 2006/2007 financial year, reflecting the overall cap of 1000 visas for the Parent Category. This cap aims to manage the high demand and limited availability of visas within the parent migration program. The Instrument operates nationally, affecting all applicants for Parent (Migrant) visas across Australia. It does not extend to other visa categories or different financial years unless specified by subsequent Instruments. The Instrument commences on the day following its registration on the Federal Register of Legislative Instruments. There are no stated exclusions or exemptions within this particular Instrument, but it does not have a substantial indirect effect on business or restrict competition, hence consultation was not undertaken.

Key Provisions

The primary sections of the legislation, F2007L01323, pertain to the Migration Act 1958 (section 85) and the Migration Regulations 1994 (regulation 1.17). Section 85 of the Migration Act allows the Minister to determine the maximum number of visas of a specified class or classes that can be granted in a specified financial year. Regulation 1.17 of the Regulations empowers the Minister to specify matters required by individual provisions of the Regulations for their operation. The instrument, IMMI 07/016, specifies that for the 2006/2007 financial year, a cap of 695 visas is imposed on the Parent (Migrant) (Class AX) visa, which is part of the Non-Contributory Parent Category. This cap is set to manage the high demand for such visas and the limited number of places available. The obligations imposed by this legislation on the parties it governs are primarily related to adhering to the specified cap on visa grants. The Minister, in exercising their power under the Migration Act, is required to ensure that no more than 695 Parent (Migrant) (Class AX) visas are granted within the specified financial year. This regulation is critical for managing the queue of applicants, which stands at approximately 220,000, with about 17,000 currently queued. The queuing mechanism ensures that visa places are allocated in an orderly manner, preventing unnecessary payments of visa application charges and bonds, and providing applicants with clarity regarding their position in the queue. In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, the enforcement of the visa cap is implicit in the requirement to adhere to the specified number of visas granted. Failure to comply with the cap could lead to administrative issues and potential legal challenges from applicants who are not granted visas within the stipulated limits. The instrument is registered on the Federal Register of Legislative Instruments, satisfying the requirement for publication in the Gazette as per the Legislative Instruments Act 2003. The commencement of the instrument occurs on the first moment of the day following its registration, ensuring that the cap is effectively enforced from the specified date.

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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.