EXPLANATORY STATEMENT
Migration Act 1958
Migration (LIN 19/131: Granting of Contributory Parent visas, Parent visas and Other Family visas in the 2019/2020 financial year) Instrument 2019
(paragraph 85(1)(b))
- The instrument LIN 19/131 is made under paragraph 85(1)(b) of the Migration Act 1958 (the Act).
- The instrument revokes Migration (LIN 19/087: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2018/2019 Financial Year) Instrument 2019 (F2019L00065) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
- The instrument operates under section 85 of the Act to determine the maximum number of visas that may be granted in a specified financial year for the visas of a specified class or specified classes of visas.
- The purpose of the instrument is to determine the maximum number of visas for the following specified classes of visas for the financial year commencing 1 July 2019 to 30 June 2020 Item numbers refer to items in Schedule 1 of the Regulations:
Contributory Parent classes of visas
- Item 1130 – Contributory Parent (Migrant) (Class CA) visa;
- Item 1130A – Contributory Aged Parent (Residence) (Class DG) visa;
- Item 1221 – Contributory Parent (Temporary) (Class UT) visa;
- Item 1221A – Contributory Aged Parent (Temporary) (Class UU) visa.
Parent classes of visas
- Item 1124 – Parent (Migrant) (Class AX) visa;
- Item 1124A – Aged Parent (Residence) (Class BP) visa.
Other Family classes of visas
- Item 1123A – Other Family (Migrant) (Class BO) visas;
- Item 1123B – Other Family (Residence) (Class BU) visas.
5. Extensive consultation was undertaken through the Budget and Migration Program planning process, which is undertaken each year by the Department of Home Affairs. The determined maximum numbers in the instrument are consistent with Migration Planning levels for 2019-2020.
6. The Office of Best Practice Regulation (OBPR) have advised that a Regulatory Impact Statement is not required (OBPR Reference: 25331).
7. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The instrument commences on the day after registration on the Federal Register of Legislation.
Overview
The Migration (LIN 19/131: Granting of Contributory Parent visas, Parent visas and Other Family visas in the 2019/2020 financial year) Instrument 2019, made under the Migration Act 1958, aims to establish the maximum number of visas that can be granted for specified classes of visas during the financial year commencing 1 July 2019 to 30 June 2020. This instrument, enacted by the Commonwealth of Australia, revokes the previous Migration (LIN 19/087: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2018/2019 Financial Year) Instrument 2019. It ensures that the new limits are in line with the migration planning levels for 2019-2020, reflecting extensive consultation through the annual Budget and Migration Program planning process undertaken by the Department of Home Affairs. The policy objective is to manage the number of visas issued in a manner consistent with broader migration planning and policy objectives.
Scope and Application
The Migration (LIN 19/131: Granting of Contributory Parent visas, Parent visas and Other Family visas in the 2019/2020 financial year) Instrument 2019 applies to the specified classes of Contributory Parent, Parent, and Other Family visas under the Migration Act 1958. This instrument determines the maximum number of visas that may be granted in the financial year commencing 1 July 2019 to 30 June 2020 for the specified visa classes, including the Contributory Parent (Migrant) (Class CA), Contributory Aged Parent (Residence) (Class DG), Parent (Migrant) (Class AX), and Other Family (Migrant) (Class BO) visas. The instrument operates within the Commonwealth jurisdiction and is made under section 85 of the Migration Act 1958, revoking the previous year's instrument in line with the Acts Interpretation Act 1901. Notably, the instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation, and it comes into effect upon registration on the Federal Register of Legislation.
Key Provisions
The key provisions of this instrument, LIN 19/131, primarily revolve around section 85 of the Migration Act 1958, which sets out the maximum number of visas that can be granted for specified classes for a financial year (subsection 85(1)(b)). This instrument revokes the previous instrument, LIN 19/087, to align with the new financial year starting on 1 July 2019. The specified classes of visas include Contributory Parent, Parent, and Other Family visas, with detailed items listed under Schedule 1 of the Regulations. This includes visas such as the Contributory Parent (Migrant) visa (Class CA), Parent (Migrant) visa (Class AX), and Other Family (Migrant) visa (Class BO), among others.
This instrument imposes specific obligations on the Department of Home Affairs to adhere to the maximum numbers determined for the financial year 2019-2020. These numbers are set after extensive consultation through the annual Budget and Migration Program planning process. By doing so, the department ensures that the visa allocations are consistent with the migration planning levels for the specified period. Additionally, the instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation.
The instrument does not explicitly detail offences or penalties for breaches. However, any failure to adhere to the specified maximum numbers could lead to administrative or legal consequences. While the instrument itself does not outline penalties, breaches of the Migration Act 1958 can result in civil or criminal penalties as prescribed by the Act. These may include fines and imprisonment, depending on the nature and severity of the breach. It is important to note that the exact penalties would be determined by the relevant sections of the Migration Act rather than this specific instrument.