Migration Regulations 1994 - Specification of Addresses for Applications for Parent (Migrant) (Class AX) Visas - IMMI 06/032

Administered by Department of Home Affairs

Legislation au F2006L01867 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Act 1958Migration Regulations 1994

 

ADDRESSES FOR APPLICATIONS FOR PARENT (MIGRANT) (CLASS AX) VISAS

(REGULATION 1124(3)(aa))

 

  1. This Instrument is made under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and section 85pParagraph 1124(3)(aa) of the Migration Migration Regulations 1994 (‘the Regulations’)Act 1958 (‘the Act’).

 

2.                  Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purpose of those provisions.

 

3.                  Paragraph 1124(3)(aa) of the Regulations provides that an application for a Parent (Migrant) (Class AX) visa must be made by (i) posting the application to the post office box address specified in a Gazette Notice for this subparagraph, or (ii) having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.Section 85 of the Act allows the Minister to determine by Gazette Notice, the maximum number of the visas of a specified class or the visas of specified classes that may be granted in a specified financial year.

 

The purpose of this Instrument is to ensure that all applications for Parent (Migrant) (Class AX) visas are sent to a particular place for processing.revoke the current Gazette Notice advising that, if being couriered,The purpose of the Instrument is to impose a cap on the number of visa grants for the Non-Contributory Parent Category (‘the Parent Category’) over the 2005-2006 financial year. The Parent Category consists of 2 visa classes – the Class AX Parent (Migrant) visa ‘(the Parent (Migrant) class visa’) and the Class BP Aged Parent (Residence) visa (‘the Aged Parent (Residence) class visa’). A cap of 1000 visas is placed on the Parent Category for the 2005-2006 financial year. Relevantly, this Instrument imposes a maximum number of 740 Parent (Migrant) class visas that may be granted for the 2005-2006 financial year. A separate Instrument imposes a cap of 260 Aged Parent (Residence) class visas th Parent (Migrant) (Class AX) visa applications are to be addressed to:

 

Perth Offshore Parents Centre

411 Wellington Street

4.                   PERTH  WA  6000

at may be granted over the same financial year.

 

and issue 5. The Parent (Migrant) class visa is subject to visa capping due to high demand and limited number of places available. Once the limit set by the Government for the Parent (Migrant) class visa  for a specific financial year has been reached, no further visas can be granted in that financial year. Applicants are queued until a place becomes available.  There are approximately 20,000 people waiting for a decision on a Parent (Migrant) or an Aged Parent (Residence) class visa application. 

a new Gazette Notice advising that, if being couriered, Parent (Migrant) (Class AX) visa applications are to be addressed to:

 

Perth Offshore Parents Centre

Level 3

166 Murray Street

PERTH  WA  6000


6. The Queuing mechanism is a method of managing the parent caseload so that the visa places available under the parent program are allocated in an orderly way until the numeric target or cap is met.  Queuing eliminates unnecessary requests for the payment of second instalments of visa application charges and bonds.  Applicants know where they stand well in advance and it is more precise.  The queue is a continuum used both before and after the cap is reached.

 

7. The Contributory Parent Category was introduced in 2003 to enable the expansion of the parent migration program, thus addressing the demand in the pre-existing Parent Category while minimising the potential cost to the Commonwealth budget of an increase in Australia’s aged population.  The Contributory Parent Category for 2005-2006 was not to exceed 3, 500 places. 

 

8. The Instrument operates to specify the number of Parent (Migrant) class visas that may be granted for the 2005-2006 financial year.  

 

9. This Instrument does not have a direct, or a substantial indirect, effect on business or restrict competition (subsection 17(1) of the Legislative Instruments Act 2003 refers). As such, consultation was not undertaken.

 

5.                  The Instrument operates to specify the postal and courier addresses to which applications should be sent.

 

6.                  Pursuant to section 18 of the Legislative Instruments Act 2003, consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

There is no change to the post office box address to which applicants may post their application.

 

7. 6. This Instrument, IMMI 06/032, commences on 1 July 2006.

10. The Instrument commences on the first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).

 

 

Overview

The Migration Act 1958, amended through the Migration Regulations 1994, addresses the administrative requirements for applications for Parent (Migrant) (Class AX) visas by specifying where these applications should be sent for processing. This legislative instrument, made under regulation 1.17 of the Regulations and section 85 of the Act, ensures that all applications for this specific visa category are directed to a designated address. The policy objective is to streamline the application process and manage the queue effectively by setting a cap on the number of visas that can be granted within a financial year. This measure aims to efficiently allocate the limited number of available visas while maintaining an orderly process for applicants. The purpose of this legislative instrument is twofold: it specifies the address for submitting Parent (Migrant) (Class AX) visa applications and imposes a cap on the number of such visas that can be granted in the 2005-2006 financial year. The specified address is Perth Offshore Parents Centre, where applications can be sent either by post or courier. Additionally, the instrument caps the number of Parent (Migrant) class visas at 740 for the specified financial year, thereby managing the demand and ensuring that the visa allocation process is orderly and transparent.

Scope and Application

The Migration Regulations 1994, specifically Regulation 1.17 and Paragraph 1124(3)(aa), establish that the Minister can, through a notice in the Gazette, specify the requirements for various provisions of the Regulations. The stated purpose of this particular Instrument is to ensure that applications for Parent (Migrant) (Class AX) visas are submitted to a designated location for processing. The Instrument provides that these applications must be sent either by post to a specific post office box address or by courier to a specified address, both of which are outlined in the Gazette Notice. The Instrument also sets a cap on the number of Parent (Migrant) (Class AX) visas that can be granted for the 2005-2006 financial year, limiting the number to 740. This cap is part of a broader mechanism to manage the parent migration program, addressing high demand and limited places within the Parent Category. The Instrument operates on a national level and applies to any individual or entity making an application for a Parent (Migrant) (Class AX) visa within Australia. The Instrument does not detail any exclusions or exemptions, nor does it mention any extension or restriction of its application through subordinate instruments. It specifically addresses the submission and processing of Parent (Migrant) (Class AX) visa applications, ensuring they are directed to the correct location as per the Gazette Notice. The Instrument's commencement is set for 1 July 2006, following its registration. This regulatory measure is designed to streamline the application process for Parent (Migrant) visas and manage the visa grant numbers effectively within the specified financial year.

Key Provisions

The main sections of the legislation specify the postal and courier addresses for applications for Parent (Migrant) (Class AX) visas, and the number of visas that may be granted for the 2005-2006 financial year. According to regulation 1.17 of the Migration Regulations 1994 (Regulation 1.17) and section 85 of the Migration Act 1958 (the Act), the Minister may specify the addresses to which visa applications must be sent, and determine the maximum number of visas that may be granted in a specified financial year. For Parent (Migrant) (Class AX) visas, the application must be sent to the Perth Offshore Parents Centre, either by post or courier service, to the addresses specified in a Gazette Notice (Regulation 1124(3)(aa)). The legislation also specifies that for the 2005-2006 financial year, a maximum of 740 Parent (Migrant) class visas may be granted (section 85 of the Act). The legislation imposes obligations on applicants for Parent (Migrant) (Class AX) visas to send their applications to the correct address, either by post or courier service, as specified in a Gazette Notice. It also imposes a cap on the number of visas that may be granted for the 2005-2006 financial year, which is 740 Parent (Migrant) class visas. If the cap is reached, no further visas can be granted for the financial year, and applicants are queued until a place becomes available. The legislation also imposes a queuing mechanism to manage the parent caseload and allocate visa places in an orderly way until the numeric target or cap is met. The legislation does not specify any offences, penalties, or civil/criminal consequences for breach. However, if an applicant sends their application to the wrong address, it may result in delays or the application being rejected. If the cap on the number of visas that may be granted for the 2005-2006 financial year is reached, no further visas can be granted for the financial year, and applicants are queued until a place becomes available. There are no penalties or consequences for reaching the cap, but it may result in delays for applicants.

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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.