Overview

The Migration Act 1958 Granting of Parent and Other Family Visas in 2016/2017 Financial Year Determination 2016/055, issued under section 85 of the Migration Act 1958, serves to determine the maximum number of family visas that can be granted during the specified financial year. This legislative instrument revokes previous determinations and establishes new caps for different categories of visas, aiming to align with the Migration Programme planning levels set by the Department of Immigration and Border Protection. The instrument sets a maximum of 1550 visas for Parent (Migrant) and Aged Parent (Residence) visas and 520 visas for Other Family (Migrant) and Other Family (Residence) visas. It also includes New Zealand citizens within these limits. The determination is exempt from disallowance and does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation. This legislative instrument aims to manage the number of family visas granted in alignment with the government's annual migration planning process.

Scope and Application

The Instrument IMMI 16/055, made under section 85 of the Migration Act 1958, serves to determine the maximum number of visas that may be granted in the 2016-2017 financial year for certain family migration categories. Specifically, it establishes a cap of 1550 visas for Parent (Migrant) (Class AX) and Aged Parent (Residence) (Class BP) visas, and 520 visas for Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas. This Instrument revokes previous determinations IMMI 13/071 and IMMI 15/111, aligning with the legislative framework that allows for the amendment or revocation of similar instruments. Notably, New Zealand citizens, who are not otherwise included in the Migration Programme, are also considered in these maximum numbers as specified within the Instrument. The decision-making process involved extensive consultation and is consistent with the Migration Planning levels set for the 2016-2017 financial year by the Department of Immigration and Border Protection. Furthermore, the Instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thus not requiring a Statement of Compatibility with Human Rights. It comes into effect on the day after its registration on the Federal Register of Legislation.

Key Provisions

The operative sections of the legislation, as per Instrument IMMI 16/055, establish the maximum number of visas that can be granted for the 2016-2017 financial year. Specifically, section 1(2) of the Instrument sets the limit at 1550 for Parent (Migrant) (Class AX) and Aged Parent (Residence) (Class BP) visas, and at 520 for Other Family (Migrant) (Class BO) and Other Family (Residence) (Class BU) visas. Additionally, New Zealand citizens who are not included in the Migration Programme are included in these maximum numbers (sections 2 and 3). This determination revokes previous instruments IMMI 13/071 and IMMI 15/111 in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The Act imposes obligations on the Department of Immigration and Border Protection to consult extensively through the Budget and Migration Programme planning process each year to establish these maximum numbers. The numbers set by this Instrument must align with the Migration Planning levels for the specified financial year (section 5). The Office of Best Practice Regulation (OBPR) has determined that a Regulatory Impact Statement is not necessary for this Instrument (OBPR Reference 20835). Moreover, under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, this Instrument is exempt from disallowance, thus a Statement of Compatibility with Human Rights is not required (section 7). Failure to comply with the provisions set out in this Instrument may have legal consequences. Although the Instrument itself does not detail specific penalties for breaches, it operates within the broader framework of the Migration Act 1958, which includes various penalties for non-compliance. For instance, individuals who provide false or misleading information in their visa applications may face civil or criminal penalties, including fines and imprisonment. The penalties vary depending on the nature and severity of the offence but can be severe, reflecting the seriousness of breaching migration laws. The Instrument comes into effect on the day after its registration on the Federal Register of Legislation (section 8).