Migration Act 1958 - Granting of Parent and Other Family Visas in 2014/2015 Financial Year - IMMI 14/050

Overview

The Migration Act 1958, enacted to regulate the movement of people to, from, and within Australia, was supplemented by the Legislative Instrument F2014L00888 in 2014. This instrument, which came into effect on 1 July 2014, was introduced to address the need for capping the number of specific family visas granted in the 2014/2015 financial year. The objective of the instrument, as stated, is to establish the maximum number of Parent (Migrant), Aged Parent (Residence), Other Family (Migrant), and Other Family (Residence) visas that can be issued within this period, reflecting the policy to manage migration levels more effectively. This instrument was enacted by the Minister for Immigration and Border Protection under section 85 of the Migration Act 1958, and it is consistent with the Migration Planning levels set for the financial year. The instrument exempts itself from disallowance under section 44 of the Legislative Instruments Act 2003, and consultation with the Office of Best Practice Regulation confirmed that a Regulatory Impact Statement was not necessary.

Scope and Application

The Migration Act 1958, as amended by this Legislative Instrument, applies to applicants seeking Parent (Migrant) (Class AX) and Aged Parent (Residence) (Class BP) visas, as well as Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas. The Act sets forth a cap on the number of these visas that may be granted in the financial year from 1 July 2014 to 30 June 2015, with a maximum of 1550 visas for Parent and Aged Parent categories and 510 for Other Family categories. This cap encompasses both visas allocated within the Migration Program and the estimated number of visa grants to New Zealand citizens. The Act applies to all applicants, including those who applied before the implementation of this cap, and it operates to limit the total number of relevant visa grants for the specified financial year. The scope of this legislation is national, as it pertains to the Commonwealth level of Australian governance. The Act does not require a Human Rights Statement of Compatibility or a Regulatory Impact Statement, as it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003.

Key Provisions

The Migration Act 1958, through Section 85, allows the Minister to set a limit on the number of specific class visas that can be granted within a financial year. This particular legislative instrument, F2014L00888, specifies the maximum number of Parent (Migrant) visas (Class AX) and Aged Parent (Residence) visas (Class BP), collectively capped at 1,550, and the maximum number of Other Family (Migrant) visas (Class BO) and Other Family (Residence) visas (Class BU), capped at 510, for the financial year beginning 1 July 2014 and ending 30 June 2015. This cap applies to all applicants, including those who had applied before the cap was implemented. The legislative instrument imposes specific obligations on applicants and the Department of Immigration and Border Protection. For applicants, it means that the number of visas granted will be limited by the caps set out in the instrument. For the department, it involves the administration and enforcement of these caps, ensuring that the total number of visas granted does not exceed the specified limits. These limits include both the number of visas allocated within the Migration Program and the estimated number of visa grants to New Zealand citizens. Failure to comply with the provisions set out in this legislative instrument can result in legal consequences. However, this particular instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, which means that it does not require a Human Rights Statement of Compatibility. Additionally, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required for this instrument, as indicated by the OBPR reference 17045. The instrument is consistent with the Migration Planning levels for 2014-15, reflecting the outcomes of annual consultations about the size and composition of the Migration Program conducted by the Department of Immigration and Border Protection. This legislative instrument, IMMI 14/050, comes into effect on 1 July 2014. It is designed to manage the number of visas granted in certain family categories, ensuring that the total does not exceed the predetermined caps for the specified financial year. This approach helps to maintain the integrity of the migration program and ensure that resources are allocated according to planned levels.