Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2023-2024) Instrument (LIN 24/004) 2024

Administered by Department of Home Affairs

Legislation au F2024L00428 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs

Migration Act 1958

Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2023-2024) Instrument (LIN 24/004) 2024

1                The instrument, departmental reference LIN 24/004, is made under paragraph 85(1)(b) of the Migration Act 1958 (the Migration Act).

2                The instrument repeals itself in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

3                The instrument commences on the day after it is registered on the Federal Register of Legislation (FRL). It is a legislative instrument for the Legislation Act 2003 (the Legislation Act). It is repealed on 1 July 2024.

Purpose

4                Section 85 of the Migration Act provides that the Minister may, by legislative instrument, determine the maximum number of visas of a specified class, or specified classes, (excluding temporary protection visas or safe haven enterprise visas) that may be granted in a specified financial year.

5                The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas during the 2023-2024 financial year between 1 July 2023 and 30 June 2024 (inclusive). The instrument covers the following visa classes (with item numbers referring to items in Schedule 1 to the Migration Regulations 1994 (the Migration Regulations)):

  • Contributory Parent classes of visa
    • Contributory Parent (Migrant) (Class CA) visa (item 1130).
    • Contributory Aged Parent (Residence) (Class DG) visa (item 1130A).
    • Contributory Parent (Temporary) (Class UT) visa (item 1221).
    • Contributory Aged Parent (Temporary) (Class UU) visa (item 1221A).
  • Parent classes of visa
    • Parent (Migrant) (Class AX) visa (item 1124).
    • Aged Parent (Residence) (Class BP) visa (item 1124A).


  • Other Family classes of visa
    • Other Family (Migrant) (Class BO) visa (item 1123A).
    • Other Family (Residence) (Class BU) visa (item 1123B).

6                As required by subsection 85(2) of the Migration Act, none of the above mentioned classes of visas are temporary protection visas or safe haven enterprise visas.

7                The Australian Government’s annual migration program allocates a limited number of visa places to Contributory Parent, Parent and Other Family classes of visas. The Government announces the migration program numbers each year during the Budget. Capping of the visas through a legislative instrument is an annual process which has been in place since 2011. The aim is to facilitate the orderly and equitable processing of visa applications in these visa categories, given that demand significantly outweighs the supply of available places.

8                The instrument determines the maximum number of visas for these classes as follows:

  • Contributory Parent visas: 6,800 (which includes 112 Subclass 143 (Contributory Parent) visas under the Pathway to Permanent Residence for Retirees (Retiree Pathway) that was introduced under the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018);
  • Parent visas: 1,700 (which includes 13 Subclass 103 (Parent) visas under the Retiree Pathway); and
  • Other Family visas: 500.

Consultation

9                Consultation is undertaken through the Budget and the Migration Program planning process each year by the Department of Home Affairs (the Department) to determine the numbers for the migration program. This consultation included formal discussions with internal and external stakeholders, consideration of submissions from the public, economic forecasts, international research, demand for permanent visa programs, net overseas migration and economic and fiscal modelling. Varied feedback from these consultations was taken into consideration by the Government when considering the Migration Program planning levels.

10            The Office of Impact Analysis (OIA) was consulted and considered that the measures in this instrument are unlikely to have more than a minor or machinery nature and therefore an Impact Analysis is not required. The OIA reference is OIA23-06285.

Details of the instrument

11            Section 1 provides the name of the instrument.

12            Section 2 provides that the instrument commences on the day after registration on the FRL.

13            Section 3 provides for the instrument being made under paragraph 85(1)(b) of the Migration Act.

14            Section 4 provides definitions for terms used in the instrument.

15            Section 5 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in each Schedule of this instrument and any other item in a Schedule to this instrument has effect according to its terms.

16            Section 6 provides that a maximum of 6,800 Contributory Parent visas may be granted during the 2023-2024 financial year. (Between 1 July 2023 and 30 June 2024 (inclusive)). Of this maximum, up to 112 Subclass 143 (Contributory Parent) visas under the Retiree Pathway may be granted (as governed by clauses 143.214 and 143.313 of Schedule 2 to the Migration Regulations).

17            Section 7 provides that a maximum of 1,700 Parent visas may be granted during the 2023/2024 financial year. (Between 1 July 2023 and 30 June 2024 (inclusive)). Of this maximum, up to 13 Subclass 103 (Parent) visas under the Retiree Pathway may be granted (as governed by clauses 103.214 and 103.313 of Schedule 2 to the Migration Regulations).

18            Section 8 provides that a maximum of 500 Other Family visas may be granted during the 2023/2024 financial year (between 1 July 2023 to 30 June 2024 (inclusive)).

19            Schedule 1 to the instrument provides the instrument self-repeals on 1 July 2024, because it is only required for the 2023-2024 financial year (between 1 July 2023 and 30 June 2024 inclusive).

Parliamentary scrutiny etc.

20            The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because the instrument is made under Part 2 of the Migration Act, which is prescribed in sub-item 20(a) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.

21            As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.

22            The instrument was made by the Minister for Immigration, Citizenship and Multicultural Affairs in accordance with paragraph 85(1)(b) of the Migration Act.

Overview

The Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2023-2024) Instrument 2024 (LIN 24/004) is an instrument made under the Migration Act 1958 by the Minister for Immigration, Citizenship and Multicultural Affairs. It sets the maximum number of visas that can be granted under specified classes for the financial year 2023-2024. The objective is to regulate and control the number of visas issued for Contributory Parent, Parent, and Other Family classes, addressing the issue of demand exceeding supply in these categories. The instrument ensures an orderly and equitable processing of visa applications by capping the number of visas granted within the specified financial year. It is designed to facilitate efficient migration program planning and was developed through consultation with various stakeholders, including the Department of Home Affairs and the Office of Impact Analysis.

Scope and Application

The Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2023-2024) Instrument (LIN 24/004) applies to the Minister for Immigration, Citizenship and Multicultural Affairs under the authority provided by the Migration Act 1958. This instrument sets the maximum number of specified family-related visas that can be granted during the 2023-2024 financial year. It applies to various visa classes, including Contributory Parent, Parent, and Other Family visas, which are designed to facilitate family reunification. These classes, identified by specific item numbers in Schedule 1 of the Migration Regulations 1994, are subject to annual caps to manage demand and ensure equitable processing. The instrument operates within the Commonwealth jurisdiction and is effective from the day after its registration on the Federal Register of Legislation until 1 July 2024. It is made under the authority provided by paragraph 85(1)(b) of the Migration Act and is exempt from disallowance. The instrument is self-repealing on 1 July 2024, ensuring its relevance only for the 2023-2024 financial year.

Key Provisions

The Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2023-2024) Instrument (LIN 24/004) 2024 (the Instrument) establishes the maximum number of visas that may be granted for specific classes of visas during the 2023-2024 financial year. This period runs from 1 July 2023 to 30 June 2024 (Section 6, 7, and 8). These classes include Contributory Parent visas (6,800), Parent visas (1,700), and Other Family visas (500). Additionally, the Instrument allows for a specific number of visas under the Retiree Pathway within these categories: 112 Subclass 143 (Contributory Parent) visas and 13 Subclass 103 (Parent) visas. The Instrument is made under paragraph 85(1)(b) of the Migration Act 1958 (the Migration Act) and commences on the day after it is registered on the Federal Register of Legislation (Section 3 and 12). It repeals itself on 1 July 2024 (Section 5 and Schedule 1). The Instrument imposes obligations on the Department of Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs to ensure that the total number of visas granted under the specified classes does not exceed the limits set out in the Instrument. These limits are designed to manage demand and ensure the orderly and equitable processing of visa applications within these visa categories (Section 6, 7, and 8). The Instrument also requires adherence to the Retiree Pathway provisions outlined in the Migration Regulations 1994, allowing a subset of visas to be granted under this specific pathway (Section 6, 7, and relevant clauses in Schedule 2). Breach of the limits set by the Instrument may lead to administrative consequences, such as the refusal of visa applications that exceed the specified numbers. While the Instrument itself does not explicitly outline specific penalties for breaches, any actions taken in response to exceeding the visa caps would be consistent with the broader provisions of the Migration Act. The Minister for Immigration, Citizenship and Multicultural Affairs has the authority to take appropriate action to enforce the visa limits as set out in the Instrument. This could include measures such as cancelling visas or imposing fines, depending on the circumstances and the relevant legislative provisions.

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Immigration & Refugee Law
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Legislative Instrument
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.