Migration Act 1958 - Revocation of IMMI 13/156 'Granting of Protection Class XA Visas in 2013/2014 Financial Year' - IMMI 13/159

Overview

The Migration Act 1958, enacted by the Australian Parliament, serves as the primary legislation governing migration and immigration matters within Australia. One of its key functions is to regulate the number of visas that can be granted each financial year. Specifically, section 85 of the Act allows the Minister to determine the maximum number of visas of a specified class that may be granted in a specified financial year. This legislative framework ensures that the immigration system can be effectively managed and adjusted to meet national needs and international obligations. The revocation of Instrument number IMMI 13/156, which was signed on 2 December 2013, pertains to the maximum number of Protection (Class XA) visas that could be granted in the 2013/2014 financial year. This revocation aligns with the ongoing review and adjustment of visa allocation policies by the Department of Immigration and Border Protection, ensuring that the immigration program remains responsive to changing circumstances and requirements.

Scope and Application

The Migration Act 1958 applies to a broad range of individuals and entities, including migrants, refugees, and asylum seekers, as well as to various conduct and transactions related to immigration and visa applications. Specifically, the Act allows the Minister to determine the maximum number of visas that may be granted in a particular financial year. This legislative instrument pertains to Protection (Class XA) visas, which were limited in number by IMMI 13/156 for the 2013/2014 financial year. This revocation of IMMI 13/156 signifies a change in the approach to granting these visas, though the Act itself remains applicable to other aspects of migration. The revocation instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003 and does not require a Human Rights Statement of Compatibility. Additionally, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary for this specific revocation. The changes come into effect on the day following the registration of the instrument on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislative instrument concern the revocation of Instrument number IMMI 13/156 (s. 2), which had previously set the maximum number of Protection (Class XA) visas that could be granted for the 2013/2014 financial year. This revocation effectively nullifies the previous instrument and allows for a new determination of the visa cap. This revocation is carried out under the authority of section 85 of the Migration Act 1958, which permits the Minister to determine the maximum number of visas that can be granted in a specified financial year. The revocation of IMMI 13/156 is intended to facilitate adjustments in the annual visa allocation for Protection (Class XA) visas, potentially in response to changing circumstances or policy considerations. The Act imposes specific obligations and requirements on the Minister, who is tasked with determining the maximum number of visas of a specified class that may be granted in a specified financial year (s. 85). This determination must be made in writing and must comply with any relevant legislative and policy frameworks. The instrument in question, IMMI 13/156, was revoked to allow for a new determination, reflecting the Minister's discretion and the need for flexibility in managing the annual visa allocation. The process of determining and revoking such instruments is integral to the administration of the Migration Act, ensuring that the visa system can adapt to various needs and circumstances. Regarding the consequences of breaching any provisions under this instrument, it is important to note that IMMI 13/156 was exempt from disallowance under section 44 of the Legislative Instruments Act 2003, which means a Human Rights Statement of Compatibility was not required (s. 4). Additionally, the Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement was not necessary (s. 4). There are no specific offences, penalties, or civil/criminal consequences mentioned for breaching this particular instrument, as the focus is on the administrative process of setting and adjusting visa caps rather than on punitive measures. The revocation itself is a procedural change rather than a punitive action, and any consequences of not adhering to the new determination would likely be administrative in nature, involving adjustments to visa processing and allocation.