Overview

The Granting of Contributory Parent, Parent and Other Family Visas in the 2017/2018 Financial Year Instrument 2018/054, made under section 85 of the Migration Act 1958, was enacted to set the maximum number of visas that could be granted for specified family visa classes within the 2017/2018 financial year. This instrument revokes the previous year's determination, aligning with the legislative power to repeal, rescind, revoke, amend, or vary any such instrument as stipulated in the Acts Interpretation Act 1901. The policy objective behind this instrument is to ensure the allocation of visas adheres to the Migration Planning levels set for that fiscal year, following extensive consultations by the Department of Home Affairs. The instrument exempts itself from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation, which also determined that a Regulatory Impact Statement was not necessary. The instrument's commencement follows its registration on the Federal Register of Legislation.

Scope and Application

The Instrument IMMI 18/054, made under section 85 of the Migration Act 1958, serves to revoke the previously established limits for the granting of specific family visas in the 2016/2017 financial year, thereby setting new maximum numbers for the 2017/2018 financial year. This instrument applies to individuals and entities seeking to enter Australia under the specified family visa classes, including Parent (Migrant), Aged Parent (Residence), Other Family (Migrant), Other Family (Residence), Contributory Parent (Migrant), Contributory Aged Parent (Residence), Contributory Parent (Temporary), and Contributory Aged Parent (Temporary) visas. The instrument has a national reach within Australia, as it is issued under the Commonwealth jurisdiction. Notably, the instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and as such, does not require a Statement of Compatibility with Human Rights. The instrument's provisions are set to commence the day after its registration on the Federal Register of Legislation, ensuring that the updated visa limits are promptly implemented.

Key Provisions

The operative sections of the instrument IMMI 18/054 include the revocation of the previous year's determination (subsection 85(2) of the Migration Act 1958) and the establishment of new maximum numbers for the specified classes of visas for the financial year 2017-2018. This instrument specifically revokes the Granting of Parent and Other Family Visas in the 2016/2017 Financial Year Determination 2016/092 and replaces it with new figures for the specified visa classes (subsection 85(3) of the Act). This legislative instrument is made under the authority provided by section 85 of the Migration Act 1958, which allows for the creation of instruments to determine the maximum number of visas that may be granted in a financial year. The obligations and requirements imposed by the instrument pertain to the Department of Home Affairs, which must ensure that the maximum numbers of visas granted do not exceed those specified in the instrument. This includes monitoring and reporting on visa grants throughout the financial year to ensure compliance with the set limits. The instrument also mandates that extensive consultation be undertaken through the Budget and Migration Program planning process, ensuring that the maximum numbers established are consistent with broader migration planning levels for the year. Breaches of the provisions in this instrument may result in administrative or legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the Migration Act 1958 generally carry significant penalties, including fines and imprisonment, depending on the nature and severity of the breach. In addition, failure to comply with the visa limits could result in the revocation of visas already granted, thereby affecting the applicants' immigration status. It is essential for the Department of Home Affairs to adhere strictly to the numbers stipulated to avoid such consequences.