EXPLANATORY STATEMENT
Migration Act 1958
GRANTING OF PARENT AND OTHER FAMILY VISAS IN THE 2016/2017 FINANCIAL YEAR DETERMINATION 2016/092
(section 85)
- Instrument IMMI 16/092 is made under section 85 of the Migration Act 1958 (the Act).
2. The Instrument revokes IMMI 16/055 (F2016L01398) in accordance with
subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The Instrument operates to determine a specified maximum number of visas that may be granted in the financial year 1 July 2016 to 30 June 2017 for the specified classes of visas in Schedule 1 to the Regulations.
4. The purpose of the Instrument is to determine the maximum combined number of visas for the classes of visas in Schedule 1 to the Migration Regulations 1994 specified below, that may be granted in the 2016-2017 financial year for:
- Item 1124 - Parent (Migrant) (Class AX) and Item 1124A - Aged Parent (Residence) (Class BP) visas at 1550; and
- Item 1123A - Other Family (Migrant) (Class BO) and Item 1123B - Other Family (Residence) (Class BU) visas at 520.
- New Zealand citizens who are not otherwise included in the Migration Programme are also included in both of the specified maximum numbers of visas that may be granted as stated in paragraphs two and three of the instrument. The instrument also clarifies the number of visas in the classes of visas and the financial year in which the visas may be granted.
- Extensive consultation is undertaken through the Budget and Migration Programme planning process which is undertaken each year by the Department of Immigration and Border Protection. The maximum numbers established by this Legislative Instrument are consistent with the Migration Planning levels for 2016-2017.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 20835).
- Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The Instrument commences on the day after registration on the Federal Register of Legislation.
Overview
The Granting of Parent and Other Family Visas in the 2016/2017 Financial Year Determination 2016/092 was enacted to address the need for setting specific maximum limits on the number of visas that can be granted for parent and other family-related migration categories in the specified financial year. The Act was introduced under the authority of section 85 of the Migration Act 1958 and is made pursuant to the Acts Interpretation Act 1901. The objective of the Instrument is to determine the maximum number of visas that can be granted for the specified classes of visas in the Migration Regulations 1994 for the financial year 1 July 2016 to 30 June 2017. This legislative instrument revokes a previous one, IMMI 16/055, and sets new maximum numbers for Parent (Migrant) and Aged Parent (Residence) visas, as well as Other Family (Migrant) and Other Family (Residence) visas. The determination also includes New Zealand citizens who are not otherwise included in the Migration Programme within these maximum numbers. The establishment of these maximum numbers is consistent with the Migration Planning levels for 2016-2017, as determined through extensive consultation by the Department of Immigration and Border Protection. The Instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights.
Scope and Application
The legislative instrument IMMI 16/092, made under the Migration Act 1958, specifies the maximum number of visas that can be granted in the financial year from 1 July 2016 to 30 June 2017 for certain family-related visa classes. This instrument operates to set specific limits on the number of Parent (Migrant) and Aged Parent (Residence) visas, as well as Other Family (Migrant) and Other Family (Residence) visas that can be issued during this period. These limits are consistent with the broader migration planning levels determined by the Department of Immigration and Border Protection. Notably, New Zealand citizens who are not included in the Migration Programme are also subject to these maximum numbers. The instrument revokes the previous instrument IMMI 16/055 in accordance with the Acts Interpretation Act 1901, which allows for the repeal or amendment of legislative instruments. This instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thereby not requiring a Statement of Compatibility with Human Rights.
Key Provisions
The instrument, IMMI 16/092, operates under section 85 of the Migration Act 1958 to determine the maximum number of specific family visas that can be granted in the 2016/2017 financial year. The instrument sets these maximum numbers for two categories of visas: Parent (Migrant) and Aged Parent (Residence) visas at 1550, and Other Family (Migrant) and Other Family (Residence) visas at 520. These numbers are specified in Schedule 1 to the Migration Regulations 1994 and also include New Zealand citizens not otherwise included in the Migration Programme. The instrument revokes a previous instrument, IMMI 16/055, ensuring that the new maximum numbers are applied for the financial year. This determination is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which allows for the repeal or amendment of existing instruments.
The obligations under this instrument require the Department of Immigration and Border Protection to manage the visa issuance within the specified maximum numbers. This includes ensuring that the total number of visas granted does not exceed the numbers set out in the instrument. The instrument also mandates that the specified maximum numbers be adhered to throughout the financial year, which runs from 1 July 2016 to 30 June 2017. Additionally, it is the responsibility of the relevant authorities to process applications and make decisions in accordance with the provisions of the Migration Act 1958 and the Migration Regulations 1994.
Breaches of the provisions set out in the instrument may result in civil or administrative penalties. Although the instrument itself does not specify particular penalties, violations of the Migration Act 1958 can lead to fines or other administrative actions. Additionally, individuals who attempt to circumvent the visa requirements may face criminal charges, which could result in imprisonment or further fines. The exact penalties would depend on the specific circumstances and the provisions of the Migration Act 1958. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning that a Statement of Compatibility with Human Rights is not required.