EXPLANATORY STATEMENT
Migration Act 1958
GRANTING OF PARENT AND OTHER FAMILY VISAS IN 2014/2015 FINANCIAL YEAR
(Section 85)
1. Section 85 of the Act provides that the Minister may determine by instrument in writing 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.
2. The purpose of this Legislative Instrument is to determine the maximum number of visas that may be granted in the financial year 1 July 2014 to 30 June 2015 for:
- Parent (Migrant) (Class AX) and Aged Parent (Residence) (Class BP) which is capped at 1550; and
- Other Family (Migrant) (Class BO) and Other Family (Residence)
(Class BU) which is capped at 510.
3. This Instrument applies to all applicants who have applied for a Parent or Other Family category visa. This includes applicants who have applied before the implementation of this cap.
4. The Instrument operates to cap all relevant visa classes to include the anticipated number of visa grants. The caps include the number of visas allocated within the Migration Program and the estimated number of visa grants to New Zealand citizens.
5. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
6. The Office of Best Practice Regulation has been consulted and has advised that a Regulatory Impact Statement is not required (OBPR reference 17045).
7. Consultation about the size and composition of the Migration Program is undertaken each year by the Department of Immigration and Border Protection. The limits established by this Legislative Instrument are consistent with the Migration Planning levels for 2014-15.
8. The Instrument, IMMI 14/050, commences on 1 July 2014.