Overview

The Migration (LIN 19/087: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2018/2019 Financial Year) Instrument 2019 was enacted to provide a legal framework for determining the maximum number of visas that may be granted within the financial year 2018-2019 for specific classes of contributory parent, parent, and other family visas. This instrument, created under paragraph 85(1)(b) of the Migration Act 1958, revokes a previous instrument from the 2017/2018 financial year, ensuring that visa allocations are updated annually in line with migration planning levels. The policy objective is to manage the number of visas granted in a manner consistent with the annual migration program, as determined through extensive consultation processes overseen by the Department of Home Affairs. The instrument is exempt from disallowance, and no Regulatory Impact Statement or Statement of Compatibility with Human Rights was required.

Scope and Application

The Migration (LIN 19/087: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2018/2019 Financial Year) Instrument 2019 applies to the specified classes of contributory parent, parent, and other family visas within the Migration Act 1958. These classes include the Contributory Parent (Migrant) visa, Contributory Aged Parent (Residence) visa, Contributory Parent (Temporary) visa, Contributory Aged Parent (Temporary) visa, Parent (Migrant) visa, Aged Parent (Residence) visa, Other Family (Migrant) visa, and Other Family (Residence) visa. The instrument is designed to determine the maximum number of visas that can be granted in the financial year commencing 1 July 2018 to 30 June 2019. The instrument operates within the Commonwealth jurisdiction and its provisions are applicable nationally, regulating the issuance of specified visas under the Migration Act. Any changes or further specifications regarding these visa classes are made through subordinate instruments, and the instrument itself is exempt from disallowance as per the Legislation (Exemptions and Other Matters) Regulation 2015.

Key Provisions

The main operative sections of the instrument, LIN 19/087, determine the maximum number of visas that may be granted in the financial year from 1 July 2018 to 30 June 2019 for specific classes of visas. This includes Contributory Parent (Migrant) (Class CA) visas, Contributory Aged Parent (Residence) (Class DG) visas, Contributory Parent (Temporary) (Class UT) visas, Contributory Aged Parent (Temporary) (Class UU) visas, Parent (Migrant) (Class AX) visas, Aged Parent (Residence) (Class BP) visas, Other Family (Migrant) (Class BO) visas, and Other Family (Residence) (Class BU) visas. These classes are listed in the instrument as item 1130, item 1130A, item 1221, item 1221A, item 1124, item 1124A, item 1123A, and item 1123B respectively. The purpose of this instrument is to establish these maximum numbers in line with migration planning levels for the financial year 2018-2019. As of the date of the instrument, the maximum numbers for these visa classes have not been reached. The instrument imposes obligations on the parties or entities it governs, primarily the Department of Home Affairs, to adhere to the maximum numbers of visas set forth for each class. This ensures that the visa issuance remains within the planned levels for the financial year. The instrument also mandates that the Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required. Furthermore, under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance, meaning it does not require a Statement of Compatibility with Human Rights. In terms of consequences for breach, the instrument itself does not explicitly state penalties for non-compliance. However, breaches of the Migration Act 1958 or associated regulations may lead to civil or criminal penalties. Under the Migration Act, penalties for breaches can include fines and imprisonment. For instance, under section 231C of the Migration Act, a person who provides false or misleading information in a visa application can be subject to a penalty of up to 10,000 penalty units or imprisonment for up to five years, or both. Similarly, under section 231D, a person who engages in conduct that is intended to facilitate a breach of the Act can face a penalty of up to 50,000 penalty units or imprisonment for up to ten years, or both. These penalties underscore the seriousness of compliance with migration legislation and the potential consequences for non-compliance.