1.1
On 23 February 2021, the Senate referred the efficacy, fairness, timeliness and costs of the processing and granting of visa classes which provide for or allow for family and partner reunions to the Legal and Constitutional Affairs References Committee for inquiry and report by 10 August 2021. On 3 August 2021, the Senate extended the committee's reporting date to 25 November 2021. On 18 October 2021, the Senate extended the committee's reporting date to the first sitting day in March 2022.
1.2
The committee was asked to inquire into:
The efficacy, fairness, timeliness and costs of the processing and granting of visa classes which provide for or allow for family and partner reunions, with particular reference to:
(a) limitations on eligibility to apply for relevant visas;
(b) waiting times for processing and integrity checking of applications for relevant visas;
(c) waiting times for the granting of relevant visa;
(d) cost of applying for relevant visas;
(e) commitments required for the granting of relevant visas;
(f) government policy settings regarding relevant visas and the role of family reunion in the Migration Program;
(g) eligibility for and access to family reunion for people who have sought protection in Australia;
(h) the suitability and consistency of government policy settings for relevant visas with Australia's international obligations;
(i) the budgetary and governmental impacts of relevant visas, including on state, territory and local governments; and
(j) any other matters deemed relevant by the committee.
Conduct of the inquiry
1.3
The committee advertised the inquiry on its webpage and wrote to a range of organisations inviting submissions by 30 April 2021. The committee advertised the inquiry in The Australian on 7 April 2021.
1.4
The committee held a public hearing in Canberra on 25 June 2021. Witnesses who appeared at the hearing are listed at Appendix 2.
Submissions, correspondence, and personal accounts
1.5
To date, the committee has received and published 179 submissions which are listed at Appendix 1. Some individuals provided submissions and correspondence in languages other than English. The committee translated these documents and either authorised their publication as submissions or received the documents as correspondence.
1.6
The committee received a high volume of correspondence from individuals providing detailed accounts of personal visa application experiences. Much of this correspondence detailed personal information and included documents relating to visa applications.
1.7
The committee carefully considered all correspondence. However, in recognition of its role to inquire and report on systemic issues raised by the terms of reference, the committee accepted several categories of documents as unpublished correspondence including:
short statements of less than 300 words; and
highly personalised accounts.
1.8
In total, the committee received 418 campaign letters, including:
(1)
409 from Australian citizens or permanent residents seeking permanent visas for their parents. These letters highlighted the impact that separation from their parents is having on them and their families, as well as the extended waiting periods and application fees of the relevant visas; and
(2)
nine from individuals raising general concerns about the cost or time delays for partner visa applications and specific concerns about the visa requirements for Prospective Marriage Visa applicants and the personal impact of extended delays in these visas being granted.
Acknowledgements
1.9
The committee sincerely thanks all who have participated in this inquiry to date. In particular, the committee recognises and expresses its gratitude to all individuals who have shared personal accounts of their interactions with the family and partner visa system. The committee appreciates that, for some, sharing their personal experiences was difficult and upsetting. The committee was deeply moved by these stories.
Structure of the report
1.10
This report comprises five chapters:
Chapter 1 outlines information about the conduct of the inquiry;
Chapter 2 sets out the legislative and policy frameworks within which the family and partner visa system operates;
Chapter 3 discusses the importance of immigration generally and family reunion in particular;
Chapter 4 identifies some of the key issues associated with the family and partner visa system;
Chapter 5 examines individuals' direct experiences of navigating the family and partner visa system; and
Chapter 6 provides the committee's view and recommendations.