CHAPTER 1
Introduction
Referral of the inquiry
1.1
On 24 November 2011, the Senate referred the following matters to the
Legal and Constitutional Affairs References Committee (committee) for inquiry
and report by 3 May 2012:
(a)
the number of Prospective Marriage (subclass 300) visa applications and
grants by post, officer, nationality, age of applicant and sponsor;
(b)
the risk and incidence of fraud under the Prospective Marriage (subclass 300)
visa program, including the incidence of cases where prospective marriages did
not occur;
(c)
the incidence of Prospective Marriage (subclass 300) visa applicants and
sponsors who entered into an arranged marriage;
(d)
the administration, application and effectiveness of eligibility
criteria in relation to the Prospective Marriage (subclass 300) visa program,
with a special focus on, but not limited to, protections against fraud, age
differences, regard for cultural practices and relationship criteria;
(e)
the sufficiency and suitability of assessment procedures to protect
against fraud and to ascertain the reliability of consent of an applicant for a
Prospective Marriage (subclass 300) visa, where it is believed the applicant
will be entering into an arranged marriage;
(f)
whether current policies and practices of the Australian Government with
regard to the Prospective Marriage (subclass 300) visa or other visa categories
are facilitating forced marriages;
(g)
the policies and practices that could strengthen protections against
fraud and for women in other countries applying for a Prospective Marriage
(subclass 300) visa, from entering into a forced marriage; and
(h)
any other related matters.[1]
1.2
On 13 March 2012, the Senate extended the reporting date to 7 June 2012,[2]
and, on that date, the committee presented an interim report, advising the
Senate that the committee intended to table its final report by 25 June 2012.[3]
Prospective Marriage (subclass 300) visa
1.3
The Prospective Marriage (subclass 300) visa (Prospective Marriage visa)
is a temporary, nine-month visa which enables the visa holder to travel to
Australia to marry an intended spouse.[4]
An applicant must be at least 17 years and three months old, so that the
applicant will be able to legally marry in Australia upon reaching 18 years
of age before the visa expires.[5]
Applicants must be sponsored by a fiancé(e) over the age of 18 years,[6]
and that sponsor must be an Australian citizen, Australian permanent resident
or eligible New Zealand citizen.[7]
1.4
In 2006-07, 6,309 Prospective Marriage visas were granted. During the
period 2010-11, the number of visa grants slightly decreased to 5,926.[8]
From 1 July 2011 to 22 May 2012, 5,734 visas have been granted.[9]
1.5
After marrying the intended spouse, a Prospective Marriage visa holder
is expected to apply for permanent residence in Australia through a two-stage
Partner visa process: first, the temporary Partner (subclass 820) visa; and,
second, the permanent Partner (subclass 801) visa.[10]
1.6
If a Prospective Marriage visa holder does not marry the intended
spouse, the visa expires after nine months and, unless an application is made
for another type of visa, the visa holder would be required to return to their
country of origin.[11]
Statistics on applications and grants of Prospective Marriage visas
1.7
Statistical information relating to the number of Prospective Marriage
visa applications and grants by Australian mission (post), officer,
nationality, age of applicant and sponsor is set out below.
By post
1.8
A Prospective Marriage visa application can only be made from outside
Australia at the applicant's nearest post.[12]
The application itself is a prescribed form (currently, Form 47SP:
Application for migration to Australia by a partner),[13]
together with all necessary supporting documentation. There is a non‑refundable
application fee, which varies from time to time.[14]
1.9
From 1 July 2006 to 22 May 2012, 36,512 Prospective Marriage visas have
been granted at 49 posts.[15]
The number of visa grants has fluctuated marginally from year to year, peaking
at 6,354 in 2008-09 and falling to 5,926 in 2010-11.[16]
1.10
From 1 July 2006 to 31 December 2011, the following 10 posts have
granted the highest number of Prospective Marriage visas: Manila; Ho Chi Minh
City; Shanghai; London; Bangkok; Beirut; Berlin: Moscow; Washington; and New
Delhi (the top 10 posts). More than 64% of all Prospective Marriage visas were
granted at these posts.[17]
1.11
Not all Prospective Marriage visa applications have resulted in the
grant of a visa. For the period 1 July 2006 to 31 December 2011, 3,635
applications (9.3%) have been refused and 1,450 applications (3.7%) have been
withdrawn or otherwise finalised.[18]
Included in these figures are 2,990 visa applications lodged at a top 10 post
(58.9% of all unsuccessful applications).[19]
By officer
1.12
Approximately 221 departmental employees decide Prospective Marriage
visa applications: the majority (126) are Australian-based employees, with the
remaining 95 employees engaged at overseas posts. This division is largely
driven by the level of risk associated with any particular caseload.[20]
Table 1.1 – Decision-makers at the top 10 posts
|
|
Australian-based
|
Locally engaged
|
Total number of
decision-makers
|
Total number of staff at
the post
|
|
Manila
|
6
|
10
|
16
|
54
|
|
Ho Chi Minh City
|
4
|
2
|
6
|
42
|
|
Shanghai
|
6
|
3
|
9
|
90
|
|
London
|
5
|
9
|
14
|
76
|
|
Bangkok
|
8
|
1
|
9
|
42
|
|
Beirut
|
2
|
0
|
2
|
18
|
|
Berlin
|
3
|
7
|
10
|
41
|
|
Moscow
|
3
|
0
|
3
|
18
|
|
Washington
|
2
|
4
|
6
|
20
|
|
New Delhi
|
9
|
2
|
11
|
144
|
|
Total
|
48
|
38
|
86
|
545
|
|
Percentage of staff at the
post
|
9%
|
7%
|
16%
|
100%
|
Source: Department of
Immigration and Citizenship, Submission 2, p. 17; Department of Immigration and
Citizenship, answer to question on notice, received 7 June 2012, p. 8.
By nationality
1.13
Prospective Marriage visa applications have been made by the citizens of
175 countries from 1 July 2006 to 31 December 2011. A small number of
applicants (88) have presented themselves as stateless persons in their
applications.[21]
1.14
The top 10 countries from which Prospective Marriage visa holders claim
citizenship are: the Philippines; Vietnam; the People's Republic of China;
Lebanon; Thailand; the United Kingdom; the United States of America; India;
Indonesia; and the Kingdom of Cambodia (the top 10 countries). In total,
citizens of these countries account for 61.9% of all Prospective Marriage visa
holders.[22]
By age of applicant and sponsor
1.15
From 1 July 2006 to 31 December 2011, approximately 39,100 Prospective
Marriage visa applications have been lodged at an Australian post. The vast
majority of applicants have been over the age of 18 years (99.4%), with 253
applications (0.6%) received from persons under the age of 18 years.[23]
Applicants over the age of 18 years
1.16
Prospective Marriage visa applicants' ages vary widely. For applicants
over the age of 18 years, the range extends to the 84 years age bracket, with
certain age categories – such as the 25-29 year age bracket – showing the
highest numbers of applications.[24]
1.17
At the lower end of the scale, in the 18-24 year age bracket,
Prospective Marriage visa grants were made to 5,224 applicants at the top
10 posts from 1 July 2006 to 31 December 2011. A breakdown of these grants is
shown in Table 1.2 below.
Table 1.2 – Visa holders aged 18-24 years at the top
10 posts, 1 July 2006 to 31 December 2011
|
Post
|
18 years
|
19 years
|
20-24 years
|
|
Manila
|
27
|
70
|
897
|
|
Ho Chi Minh City
|
28
|
62
|
737
|
|
Shanghai
|
9
|
28
|
462
|
|
London
|
-
|
6
|
282
|
|
Bangkok
|
14
|
28
|
369
|
|
Beirut
|
195
|
126
|
793
|
|
Berlin
|
6
|
21
|
223
|
|
Moscow
|
5
|
8
|
206
|
|
Washington
|
5
|
8
|
250
|
|
New Delhi
|
5
|
11
|
343
|
Source: Department of
Immigration and Citizenship, Submission 2, Attachment 1, pp 11-35.
Applicants under the age of 18
years
1.18
From 1 July 2006 to 31 December 2011, 227 Prospective Marriage visas
have been granted to applicants under the age of 18 years. Twenty-one
applications (8.3%) have been refused and five applications (2%) have been
withdrawn or otherwise finalised.[25]
1.19
At the top 10 posts:
-
Manila and London did not grant, refuse or finalise any
Prospective Marriage visa applications for applicants under the age of 18
years;[26]
-
Ho Chi Minh City, Shanghai, Bangkok, Berlin, Moscow, Washington
and New Delhi each granted fewer than three Prospective Marriage visas to
applicants under the age of 18 years, with one application refused in
Ho Chi Minh City;[27]
and
-
Beirut granted 118 Prospective Marriage visas to applicants under
the age of 18 years, with 14 applications refused, withdrawn or otherwise
finalised.[28]
1.20
At other posts, the Former Yugoslavian Republic of Macedonia (23), Iraq (16),
Turkey (13) and Syria (9) accounted for the highest number of Prospective
Marriage visa grants to applicants under the age of 18 years for the period
from 1 July 2006 to 31 December 2011.[29]
Age of sponsors
1.21
From 1 July 2006 to 31 December 2011, 192 Prospective Marriage visas
were granted to applicants aged between 17 years and three months and 18 years,
where the sponsors' ages ranged from 18 to 64 years.[30]
Graph 1.1 – Visa holders aged between 17 years and
three months and 18 years of age, and sponsors over 18 years of age,
1 July 2006 to 31 December 2011
Source: Based on figures
supplied by Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 8; Department of
Immigration and Citizenship, answer to question on notice, received 7 June
2012, p. 6.
1.22
As shown in Graph 1.1, the majority of sponsors for Prospective Marriage
visa applicants who are aged 17 were less than 34 years of age in the period
1 July 2006 to 31 December 2011.[31]
However, sponsors more than eight years older than a 17 year-old applicant
comprised at least 50% of sponsors, with 11 sponsors being more than twice the
age of the applicant. For these 11 sponsors:
-
in the 35-44 years age range – four applicants were from Lebanon
and there was one applicant each from the People's Republic of China; the Arab
Republic of Egypt; and the Palestinian Authority, with one unknown;
-
in the 45-54 years age range – there was one applicant each from
Iraq and Vietnam;
-
in the 55-64 years age range – there was one applicant from
Thailand.[32]
1.23
In relation to Prospective Marriage visa applicants aged 18 years or
more, from 1 July 2006 to 31 December 2011, sponsors' ages varied widely from
18 to 95 years at the top 10 posts.[33]
For applicants in the 18 to 24 years age bracket, nine of the
top 10 posts granted visas where sponsors were aged upward of 45
years (potentially more than twice the age of the applicant):
Table 1.3 – Visa holders aged 18-24 years and
sponsors over 45 years at the top 10 posts, 1 July 2006 to 31 December
2011
|
Sponsors' age ranges:
|
45-54
|
55-64
|
65-74
|
75-84
|
|
Manila
|
147
|
82
|
10
|
3
|
|
Ho Chi Minh City
|
48
|
5
|
1
|
1
|
|
Shanghai
|
15
|
3
|
1
|
-
|
|
London
|
-
|
-
|
-
|
-
|
|
Bangkok
|
48
|
7
|
-
|
-
|
|
Beirut
|
2
|
1
|
-
|
-
|
|
Berlin
|
1
|
-
|
-
|
-
|
|
Moscow
|
5
|
1
|
1
|
-
|
|
Washington
|
4
|
-
|
-
|
-
|
|
New Delhi
|
4
|
-
|
-
|
-
|
|
Total
|
|
|
|
390
|
Source: Department of
Immigration and Citizenship, Submission 2, Attachment 1, pp 11-13, 19, 21, 23, 29, 31 and 35.
Conduct of the inquiry
1.24
The committee advertised the inquiry in The Australian newspaper
on 7 December 2011, 1 February 2012, 15 February 2012 and 29 February 2012.
The committee also wrote to 73 organisations and individuals, inviting
submissions by 2 March 2012. The closing date for submissions was
subsequently extended to 5 April 2012 and submissions continued to be
accepted after the official closing date. Details of the inquiry were also placed
on the committee's website at www.aph.gov.au/senate_legal.
1.25
The committee received nine submissions, and these are listed at
Appendix 1. All submissions were published on the committee's website. The
committee held a public hearing in Canberra on 25 May 2012. A list of
witnesses who appeared at the hearing is at Appendix 2, and copies of the Hansard
transcript are available through the committee's website.
Acknowledgement
1.26
The committee thanks those organisations and individuals who made
submissions and gave evidence at the public hearing.
Structure of the report
1.27
The committee's report is structured in the following way:
-
chapter 2 discusses the eligibility criteria of the Prospective
Marriage visa program, including the issues of administration, application and
effectiveness of the criteria;
-
chapter 3 examines the topic of fraud within the Prospective
Marriage visa program;
-
chapter 4 discusses the topics of arranged and forced marriages
within the Prospective Marriage visa program; and
-
chapter 5 sets out the committee's views in relation to the key
issues raised during the course of the inquiry, as well as the committee's
recommendations.
Note on references
1.28
References to the committee Hansard are to the proof Hansard:
page numbers may vary between the proof and the official Hansard transcript.
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