Commonwealth Consolidated Acts

MIGRATION AND MARITIME POWERS LEGISLATION AMENDMENT (RESOLVING THE ASYLUM LEGACY CASELOAD) ACT 2014 - SCHEDULE 2A

Migration Act 1958

1   After section   39

Insert:

39A   Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas

  (1)   Despite any legislative instrument made for the purposes of section   39, the Minister must take all reasonably practicable measures to ensure the grant in a financial year of at least the minimum total number of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas that is determined by the Minister under subsection   (3) of this section for that year.

  (2)   Subsection   (1) applies subject to this Act, and to any regulation or instrument made under or for the purposes of this Act (other than section   39 of this Act).

  (3)   The Minister may, by legislative instrument, determine a minimum total number of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas for a financial year specified in the determination.

  (4)   Despite subsection   44(2) of the Legislative Instruments Act 2003 , section   42 (disallowance) of that Act applies to a legislative instrument made under subsection   (3) of this section.

  (5)   In this section:

"Protection (Class XA) visas" means visas classified by regulation as Protection (Class XA) visas.

Note:   For this class of visas, see clause   1401 of Schedule   1 to the Migration Regulations   1994 .

"Refugee and Humanitarian (Class XB) visas" means visas classified by regulation as Refugee and Humanitarian (Class XB) visas.

Note:   For this class of visas, see clause   1402 of Schedule   1 to the Migration Regulations   1994 .