Migration (Granting of contributory parent visas, parent visas and other family visas in the 2020/2021 financial year) Instrument (LIN 21/025) 2021

Administered by Department of Home Affairs

Legislation au F2021L00511 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

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

Migration Act 1958

Migration (Granting of contributory parent visas, parent visas and other family visas in the 2020/2021 financial year) Instrument (LIN 21/025) 2021

1                The instrument, Departmental reference LIN 21/025, is made under paragraph 85(1)(b) of the Migration Act 1958 (the Migration Act). 

2                The instrument repeals Migration (LIN 19/131: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2019/2020 Financial Year) Instrument 2019 (F2019L01496) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act).  That subsection provides that where an Act confers a power to make a legislative instrument, the power includes a power to amend or repeal that instrument, subject to any conditions that apply to the initial instrument-making power. This means that paragraph 85(1)(b) of the Migration Act also includes a power to amend or repeal an instrument made under that provision. 

3                The instrument commences on the day after registration on the Federal Register of Legislation and is a legislative instrument for the Legislation Act 2003 (the Legislation Act). 

Purpose

4                The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas in the financial year from 1 July 2020 to 30 June 2021. The instrument covers the following visa classes (with item numbers referring to items in Schedule 1 of the Migration Regulations 1994 (the Migration Regulations)):

Contributory Parent classes of visas

  1. Contributory Parent (Migrant) (Class CA) visa (item 1130)
  2. Contributory Aged Parent (Residence) (Class DG) visa (item 1130A)
  3. Contributory Parent (Temporary) (Class UT) visa (item 1221)
  4. Contributory Aged Parent (Temporary) (Class UU) visa (item 1221A).

Parent classes of visas

  1. Parent (Migrant) (Class AX) visa (item 1124)
  2. Aged Parent (Residence) (Class BP) visa (item 1124A).

Other Family classes of visas

  1. Other Family (Migrant) (Class BO) visa (item 1123A)
  2. Other Family (Residence) (Class BU) visas (item 1123B).

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

  1. Contributory Parent visas: 3,600 (which includes 125 visas under the Pathway to Permanent Residence for Retirees that was introduced under the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018)
  2. Parent visas: 900
  3. Other Family visas: 500.

Consultation

6                Extensive consultation was undertaken through the Budget and Migration Program planning process, which is undertaken each year by the Department of Home Affairs. The maximum numbers of visas that may be granted as determined in the instrument are consistent with migration planning levels for 2020/2021.

7                The Office of Best Practice Regulation (OBPR) was also consulted and considered that the instrument dealt with matters of a minor or machinery nature and no regulatory impact statement was required.  The OBPR reference number is 25331.

Details of the instrument

8                Section 1 sets out the name of the instrument.

9                Section 2 provides for the commencement of the instrument on the day after registration on the Federal Register of Legislation.

10            Section 3 defines terms used in this instrument.

11            Section 4 of the instrument determines that a maximum of 3,600 Contributory Parent visas may be granted in the 2020/21 financial year. This includes 125 visas under the Pathway to Permanent Residence for Retirees (see Part 143 of Schedule 2 to the Migration Regulations).

12            Section 5 of the instrument determines that a maximum of 900 Parent Visas may be granted in the 2020/21 financial year.

13            Section 6 of the instrument determines that a maximum of 500 Other Family Visas may be granted in the 2020/21 financial year.

14            Section 7 of the instrument repeals the previous instrument, Migration (LIN 19/131: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2019/2020 Financial Year) Instrument 2019 (F2019L01496).

Parliamentary scrutiny etc. 

15            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 paragraph (a) of item 20 of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. 

16            The instrument was made by the Minister for Immigration, Citizenship, Migrant Services 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 in the 2020/2021 Financial Year) Instrument (LIN 21/025) 2021 was enacted to regulate the maximum number of visas that can be granted for specific classes during the specified financial year, ensuring alignment with migration planning levels. This instrument, created under the Migration Act 1958, was made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and aims to streamline the granting of contributory parent visas, parent visas, and other family visas for the financial year from 1 July 2020 to 30 June 2021. The policy objective is to maintain a structured approach to migration, supporting family reunification and contributing to the socio-economic needs of Australia. The instrument also repeals the previous similar instrument from the 2019/2020 financial year, reflecting updated planning and policy considerations.

Scope and Application

The Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2020/2021 Financial Year) Instrument 2021, as issued under the Migration Act 1958, sets forth the maximum number of visas that can be granted for specific classes of contributory parent, parent, and other family visas for the financial year running from 1 July 2020 to 30 June 2021. This instrument applies to individuals or entities seeking to enter or remain in Australia under these specific visa classes and is made under the authority conferred by the Migration Act. The instrument does not specify any exclusions, exemptions, or thresholds beyond the prescribed maximum number of visas for each category, which are 3,600 for contributory parent visas, 900 for parent visas, and 500 for other family visas. The instrument repeals the previous instrument from the 2019/2020 financial year and is subject to the provisions of the Acts Interpretation Act 1901, which allows for the amendment or repeal of legislative instruments under the Migration Act. The instrument is exempt from disallowance under the Legislation Act 2003, ensuring its immediate effect upon registration on the Federal Register of Legislation.

Key Provisions

The main operative sections of this instrument (LIN 21/025) are sections 4, 5, and 6, which set the maximum number of visas that can be granted for certain classes of visas during the 2020/2021 financial year. Specifically, section 4 states that a maximum of 3,600 Contributory Parent visas can be granted, section 5 specifies that a maximum of 900 Parent visas can be issued, and section 6 limits the number of Other Family visas to a maximum of 500. These sections collectively aim to establish the cap on the number of visas that can be granted for the specified categories within the designated period. The Act imposes several obligations and requirements on the parties it governs, primarily focusing on adherence to the maximum number of visas that can be granted. The Department of Home Affairs must ensure that the total number of visas issued does not exceed the limits set out in sections 4, 5, and 6 of the instrument. This includes monitoring and reporting on visa issuance to ensure compliance with the stipulated caps. Additionally, the instrument requires that the 125 visas allocated under the Pathway to Permanent Residence for Retirees be accounted for within the total number of Contributory Parent visas, as specified in section 4. For breaches of the provisions set out in the instrument, there are potential civil and criminal consequences. Although the instrument itself does not explicitly state penalties for non-compliance, violations of the Migration Act or related regulations could result in civil or criminal sanctions. For example, under the Migration Act, unauthorised immigration activities could lead to fines or imprisonment. The maximum penalties for such offences can be significant, reflecting the seriousness with which the Australian government treats immigration law violations. These penalties are intended to deter non-compliance and ensure that the legislative intent regarding visa issuance caps is upheld.

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Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
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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.