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Immigration Minister plays hardball with refugees 2013-2014

Migration Alliance members will be interested to learn that on 2 December 2013 the Minister for Immigration and Border Protection, Scott Morrison MP has announced that the number of total protection visas that can be granted in 2013-2014 is........ (open it to find out):

Protection-Visas---granting-of-2013-2014.pdf

An explanatory statement comes with the above document and is below:

IMMI 13/156

EXPLANATORY STATEMENT
Migration Act 1958
GRANTING OF PROTECTION CLASS XA VISAS IN 2013/2014 FINANCIAL YEAR
(Section 85)


1. Section 85 of the Act provides that the Minister may determine by instrument
in writing 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.


2. The purpose of this Legislative Instrument is to determine the maximum
number of visas that may be granted in the financial year 1 July 2013 to
30 June 2014 for Protection (Class XA) visas.

3. 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.

4. Section 87 and section 87A of the Act provide for the circumstances where the
limit made under section 85 does not prevent the grant of a visa.
5. This Instrument applies to all applicants who have applied for a Protection
(Class XA) visa. This includes applicants who have applied before the
implementation of this cap.

6. The purpose of the instrument is to set the cap for the Protection (Class XA)
visa at 1650.

7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is
exempt from disallowance and therefore a Human Rights Statement of
Compatibility is not required.

WHERE IS POINT 8?  IT IS MISSING FROM THE EXPLANATORY STATEMENT - RUSHING SOMEBODY?

9. The Office of Best Practice Regulation has been consulted and has advised that
a Regulatory Impact Statement is not required (OBPR reference to be provided
at later date).

10. Consultation about the size and composition of the Protection, Humanitarian
and Refugee Program is undertaken each year by the Department of
Immigration and Border Protection.

11. The Instrument, IMMI 13/156, commences on the day after registration on the
Federal Register of Legislative Instruments.


Thanks to Robert Steain, member migration agent for sending this information.

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