Commonwealth legislation

Migration Act 1958 - Determination under section 85 - Granting of Other Family Visas in 2010/2011 Financial Year

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

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legislative instrument

Plain English Summary

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This legal instrument sets a strict annual limit of 750 visas for the 2010–11 financial year on two specific family migration pathways:

Other Family (Migrant) visas (Class BO)
Other Family (Residence) visas (Class BU)

These visa types cover family members who don't qualify as partners, parents, or children—typically including carers, remaining relatives, or siblings of Australian citizens or permanent residents.

Why this matters: Once Immigration grants 750 of these visas between 1 July 2010 and 30 June 2011, they must stop granting them until the next financial year (even if other applications are waiting). If you're applying under these categories, this cap directly affects whether your visa can be granted that year and how long you might wait.

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Current sections

Direct links to the current provisions in Migration Act 1958 - Determination under section 85 - Granting of Other Family Visas in 2010/2011 Financial Year.

Commonwealth of Australia

Migration Act 1958

GRANTING OF OTHER FAMILY VISAS IN 2010/2011
FINANCIAL YEAR

(SECTION 85)

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under section 85 of the Migration Act 1958:

DETERMINE that the maximum number of:

Other Family (Migrant)(Class BO) visas; and
Other Family (Residence)(Class BU) visas

that may be granted in the financial year 1 July 2010 to 30 June 2011 is 750.

This instrument, IMMI 10/067, commences on the day after registration on the Federal Register of Legislative Instruments.

Dated 18 January 2011

Chris Bowen

Minister for Immigration and Citizenship

[NOTE 1: Section 85 of the Migration Act 1958 provides that the Minister may, by notice in the Gazette, determine the maximum number of the visas of a specified class, or the maximum number of the visas of specified classes, that may be granted in a specified financial year.

NOTE 2: Section 86 of the Act provides that if there is a determination of the maximum number of visas of a class or classes that may be granted in a financial year; and the number of visas of the class or classes granted in the year reaches that maximum number; no more visas of the class or classes may be granted in the year.]

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

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