Chapter 2

Overview of Australia's Family Migration Program

2.1
This chapter describes the legislative, policy and administrative settings underlying Australia's family migration program. Australia's permanent Migration Program is managed through three streams:
the skill stream, which 'improves the productive capacity of the economy and fills skills shortages in the labour market'; 1
the family stream, which 'allows Australian citizens and permanent residents to reunite with close family members, including partners and certain dependent relatives';2 and
the special eligibility stream, which 'generally forms only a fraction of a percent of the overall Migration Program, provides visas for those in special circumstances that are not provided for in other streams, including former residents and visas granted under Ministerial intervention'.3
2.2
In addition to these three streams, the child visa category allows parents to sponsor their dependent child to live with them in Australia. Australia's child visa category is demand driven and managed outside the migration program.4
2.3
This chapter focuses on the operation of the family stream, as well as other relevant visa types that provide for the migration of partners and family members to Australia.

Legislative framework: the Migration Act 1958

2.4
Australia's migration system is managed under the Migration Act 1958 (Migration Act) and the associated Migration Regulations 1994. The Migration Act:
regulates of the entry of, and presence in, Australia of non‑citizens;
provides visas permitting non‑citizens to enter or remain in Australia;
requires non‑citizens and citizens to provide personal identifiers for the purposes of the Act or the Migration Regulations 1994;
permits the removal or deportation from Australia of non‑citizens whose presence in Australia is not permitted by the Act; and
permits the taking of unauthorised maritime arrivals (UMAs) from Australia to a regional processing country.5
2.5
Of particular relevance to this inquiry is section 85 of the Migration Act, which allows the minister to determine the maximum number of visas which may be granted in each financial year in certain visa classes, including Parent and Other Family visas.6
2.6
Once a visa class has been capped, once the number of visas granted within that financial year reaches the maximum number determined by the minister, no further visas of that class may be granted in that year. Visa applications beyond the cap are 'queued' for processing in the next financial year.
2.7
According to the Department of Home Affairs (the department), the 'cap and queue' power allows the annual migration program to be managed more efficiently by:
limiting the number of visas that may be granted under a specific class, while queueing additional applications which meet the core criteria for possible visa grant in a later year; and
ensuring that applications which do not meet the core criteria for a visa can be refused and do not remain in the queue for years before a decision is made on their application.7
2.8
Some visa classes cannot be capped, such as the Partner or Child visa categories,8 although these are still subject to planning levels and prioritised processing.9 Under section 51 of the Migration Act, the minister may consider visa applications in such order as considered appropriate, with section 51 providing 'scope to consider planning levels when processing visa applications and to prioritise the processing and granting of those visas accordingly'.10
2.9
Additionally, under section 499 of the Migration Act, the processing of the family stream of visas is guided by Ministerial Direction 80, which commenced on 21 December 2018.11 Ministerial Direction 80 sets out a processing priority for family visa applications.12

Visa system

2.10
Australia's Family Migration Program seeks 'to facilitate the reunification of family members of Australian citizens, permanent residents, and eligible New Zealand citizens'.13 As of December 2021, the permanent Family Migration Program comprised four categories:
the Partner category, which allows Australians to sponsor their spouse, de facto partner, or prospective partner to live in Australia;
the Parent category, consisting of Non-Contributory and Contributory Parent visas, allowing for parents to stay in Australia with their Australian sponsor children;
the Other Family category, which allows family members to sponsor carers, remaining relatives, aged dependent relatives or orphan relatives to live with them in Australia; and
the Child category, which allows parents to sponsor their dependent or adopted child to live with them in Australia.14
2.11
In addition to Australia's permanent Family Migration Program, short-term family reunification can occur through temporary visas, which allow for a temporary stay in Australia but provide no direct pathway to permanent residence, such as the Sponsored Parent (Temporary) visa (SPTV) (subclass 870).15 Additionally, the New Zealand Citizen Family Relationship (subclass 461) visa allows persons who are not New Zealand citizens but are a member of a family unit of a New Zealand citizen who does not meet the definition of an eligible New Zealand citizen, to live and work in Australia for five years.16
2.12
All visa classes across the Family Migration Stream require applicants to be assessed against Public Interest Criteria, which relate to health, character and security.17 All applicants for a Family visa (except for Parent visa applicants applying through the Retirement Pathway) must have a sponsor who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.18 A visa applicant may also be required to make an Assurance of Support (AoS), which 'is a binding and unconditional commitment by an Australian resident (the assurer) to repay certain Australian social security payments that have been paid to migrants (the assurees) during their respective AoS period'.19

Family migration visa settings

2.13
Family migration is an important element of Australia's migration system. It allows for Australian citizens and permanent residents to reunite with their immediate family members, contributing to stronger social cohesion outcomes.20
2.14
As stated above, the Family stream of the Migration Program comprises four categories, consisting of Partner, Parent, Other Family and Child visas.

Partner visas

2.15
The Partner visa category makes up the majority of Australia's Family Migration Program, with the department stating that it made up 83 per cent of planned places in the stream for 2019-20.21 Partner visas are subject to a two-stage processing arrangement, with applicants lodging an application for a temporary and permanent Partner visa at the one time. Most applicants become eligible to be considered for the permanent visa two years after lodgement of the combined application.22
2.16
Current Partner visa categories include:
the Partner (onshore – subclass 820 and 801) visa, which requires the applicant to:
lodge a combined application for both temporary and permanent subclasses;
be the spouse or de facto partner of an approved Australian sponsor;
have a sponsor who agrees to a sponsorship undertaking to support the visa holder for their first two years after the grant of their visa by providing accommodation and financial assistance;
be at least 18 years of age (with limited exceptions for married applicants); and
meet health, character requirements, and other public interest criteria (for example having paid back any debts to the Australian government).23
the Partner (offshore – subclasses 309 and 100) visa, which requires the applicant to:
lodge a combined application for both provisional and permanent subclasses;
be the spouse or de facto partner of an approved Australian sponsor;
have a sponsor who agrees to a sponsorship undertaking to support the visa holder for their first two years after the grant of their visa by providing accommodation and financial assistance;
be at least 18 years of age (limited exceptions for married applicants); and
meet health, character requirements, and other public interest criteria (for example having paid back any debts to the Australian government).24
the Prospective marriage (offshore – subclass 300) visa, which requires the applicant to:
be the prospective spouse of an approved Australian sponsor;
have met the Australian sponsor in person;
marry the sponsor within nine to 15 months, and apply for an onshore Partner visa;
be at least 18 years of age;
meet health, character requirements, and other public interest criteria (for example having paid back any debts to the Australian government); and
have an Assurance of Support in place (subclasses 143 and 864 only).25
2.17
Within the Partner visa program, the department manages additional Family Violence Provisions that allow for Partner visa applicants in Australia to be granted permanent residence if their relationship has broken down and they have suffered domestic or family violence perpetrated by their sponsor.26

Parent visas

2.18
Parent visas allow for the parent of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen to migrate to Australia. These visa categories are subject to capping and queuing arrangements, with 4,500 places available in the Parent stream in 2021-22.27 The department noted that '[t]he Parent queue is ongoing and establishes an order of precedence that can stretch many years into the future'.28
2.19
Current Parent visa categories include:
the Contributory Parent (subclasses 143, 173, 864 and 884) visa, which requires the applicant to:
be the parent of an Australian sponsor (alternatively, Australian sponsors under 18 years of age can have a spouse, relative, guardian or community organisation sponsor on their behalf);
for subclasses 864 and 884, be old enough to receive the Aged pension;
meet the balance of family test;
have an AoS in place; and
meet health, character requirements, and other public interest criteria (for example having paid back any debts to the Australian government).29
the Non-Contributory Parent (subclasses 103 and 804) visa, which requires the applicant to:
be the parent of an Australian sponsor (alternatively, Australian sponsors under 18 years of age can have a spouse, relative, guardian or community organisation sponsor on their behalf);
for subclass 804, be old enough to receive the aged pension;
meet the balance of family test;
meet health, character requirements, and public interest criteria (for example having paid back any debts to the Australian government); and
have an AoS in place.30

Other Family visas

2.20
The Other Family visa categories provide for a variety of family circumstances outside the Partner and Parent visa categories. Current visas in this category include:
the Other Family (Aged Dependent Relative – subclasses 114 and 838) visa, which requires the applicant to:
be a single older person who relies on a relative living in Australia for financial support;
be old enough to receive the Aged pension;
meet health, character requirements, and public interest criteria (for example having paid back any debts to the Australian government); and
have an AoS in place.31
the Other Family (Remaining Relative – subclasses 115 and 835) visa, which requires the applicant to:
be a 'remaining relative' of an Australian relative;
not have any other near relatives who reside outside Australia or who reside in Australia on a temporary visa or unlawfully;
be sponsored by an Australian sponsor parent, step-parent, sibling or step-sibling, or an eligible partner of a relative;
meet health, character requirements, and other public interest criteria (for example having paid back any debts to the Australian government); and
have an AoS in place.32
the Other Family (Carer – subclasses 116 and 836) visa, which requires the applicant to:
be a carer, and be willing and able to provide ongoing substantial care to a relative or their family member; and
meet health, character requirements, and other public interest criteria (for example having paid back any debts to the Australian government).33
the Other Family (Orphan Relative – subclasses 117 and 837) visa, which requires the applicant to:
be a single child with no parents, or parents unable to provide sufficient care;
have an Australian sponsor relative;
have consent to migrate to Australia; and
meet health, character requirements, and public interest criteria (for example having paid back any debts to the Australian government).
Additionally, the grant of an Orphan Relative visa takes into consideration the best interests of the child.34

Child visas

2.21
The Child category of visas allows for children to be sponsored to live permanently in Australia, with children generally being sponsored by their biological or adoptive parents.35 Child visas are demand-driven and not subject to a planning level.36 Visa types in this category include:
the Child (subclasses 101 and 802) visa, which requires the applicant to:
be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa;
be under 18 years, a full-time student aged over 18 and under 25 and financially dependent on the parent, or over 18 and unable to work due to a disability; and
be single and dependent on the parent; and
meet health, character requirements, and other public interest criteria (for example, satisfying the minister of their identity);
sponsorship must be approved, which may not occur if the proposed sponsor or their partner has been charged or convicted of offences against children; and
there must be evidence that the child has consented to migrate to Australia.
The grant of the visa takes into consideration the best interests of the child.37
the Child (Adoption – subclass 102) visa, which requires the applicant to:
be under 18 years when the applicant is adopted, lodges their application and when their application is finalised;
be adopted, or in the process of being adopted by an Australian sponsor;
meet health, character requirements, and other public interest criteria (for example, satisfying the minister of their identity); and
sponsorship must be approved, which may not occur if the proposed sponsor or their partner has been charged or convicted of offences against children.
The grant of the visa takes into consideration the best interests of the child.38
the Child (Dependent Child – subclass 445) visa, which requires the applicant to:
be dependent on a parent who holds a Subclass 309 or 820 visa;
be under 18 years, or over 18 years and financially dependent on the visa holding parent;
be sponsored by the same person who sponsored their parent's permanent Partner application;
meet health, character requirements, and other public interest criteria (for example, satisfying the minister of their identity);
there must be evidence that the child has consented to migrate to Australia; and
sponsorship must be approved, which may not occur if the proposed sponsor or their partner has been charged or convicted of offences against children.
The grant of the visa takes into consideration the best interests of the child.39

Other visa types

2.22
There are a number of further temporary visa types that provide for shortterm family reunification. In addition to Australia's permanent Family Migration Program, short-term family reunification can occur through temporary visas, which allow for a temporary stay in Australia but provide no direct pathway to permanent residence.40 These visa categories include the:
Sponsored Parent (Temporary) (subclass 870) visa; and
New Zealand Citizen Family Relationship (subclass 461) visa.

Humanitarian Program

2.23
Permanent humanitarian visa holders may propose family members for resettlement in Australia through the Humanitarian Program.41 Some potential avenues for the reunification of families in this area is outlined in the following sections.

Special Humanitarian Program

2.24
The Special Humanitarian Program (SHP) provides for people who, while not identified as refugees, are living outside their home country and were subject to 'substantial discrimination amounting to a gross violation of human rights in their home country', and who have family or community ties to Australia.42 Australian citizens, permanent residents (including Permanent Protection visa holders), eligible New Zealand citizens and organisations based in Australia may propose displaced persons for resettlement in Australia through the SHP.43

Split family provisions

2.25
Under 'split family' provisions, humanitarian visa holders (subclasses 200, 201, 202, 203, 204, 866 and 851) in Australia may propose immediate family members for resettlement, usually on the same visa subclass as the proposer. The limitations on these provisions include:
applicants must have been a member of the immediate family (spouse or de facto partner (including same-sex partner), dependent child or stepchild, parent or step-parent if proposer is younger than 18) when the proposer was granted their visa;
the proposer must have told the department about their relationship before visa grant;
the applicant must still be a member of the family of the proposer; and
applications must be made within five years of the department granting the proposer their visa.44

Protection visa holders

2.26
Some individuals who hold a Permanent Protection visa in Australia are able to sponsor their family members to join them in Australia. Safe Haven Enterprise Visa (SHEV) holders who become eligible to apply for, and are granted a 'prescribed' permanent visa, will become eligible to sponsor their family members.45 In order to be granted a prescribed permanent visa, the SHEV holder must meet the SHEV pathway requirements, which require that, for a total of three-and-a-half years, they are:
employed in a SHEV regional area and have not received certain social security benefits (Special Benefit payments); or
enrolled and physically attending full-time study in a SHEV regional area; or
a combination of the above.46
2.27
Additionally:
…the SHEV holder must also meet eligibility requirements for the grant of a prescribed visa. Prescribed visas include a range of permanent family and skilled visas. In order for a SHEV holder to apply for a prescribed permanent family visa, they are required to be sponsored by an Australian citizen, permanent resident or eligible New Zealand citizen.47

Policy settings

2.28
This section considers the policy settings underlying the Family Migration Program, including planning levels, prioritisation, Visa Application Charges and interim arrangements that have been implemented due to the COVID-19 pandemic.

Planning levels

2.29
As discussed at paragraphs 2.5 to 2.9, section 85 of the Migration Act allows the minister to determine the maximum number of visas which may be granted in each financial year in certain visa classes. Accordingly, the government decides the number of places available in each visa stream and sets planning levels as part of the annual Budget process, following consultations with state and territory governments, business and community groups and the broader community. The department manages the allocation of resources in accordance with planning levels and other government priorities.48 The department emphasised that '[p]lanning levels are treated as a 'ceiling' rather than a target, ensuring that standards are not lowered to fill places'.49
2.30
With the exception of the 2020-21 and 2021-22 years, the permanent migration program has had a distribution of two-thirds skill and one-third family visas since 2005-06.50
2.31
Figure 2.1 illustrates the number of approved visas in the Family, Skill and Humanitarian streams from 1984-85 to 2019-20 and planning levels for 2020-21, illustrating the changes in levels in the respective streams over time.

Figure 2.1:  Family stream, Skill stream and Humanitarian program outcomes 1984-85 to 2019-20, and planning levels for 2020-21

Chart, line chart

Description automatically generated
Source: Department of Home Affairs, Submission 22, p. 37.
2.32
In 2020-21, in response to the impacts of the COVID-19 pandemic, the proportion of the family stream increased to approximately half of the total program planning level. This updated proportion has remained for the 2021-22 year.
2.33
Table 2.1 shows the planning levels and program outcomes for the 2019-20 to 2021-22 years for the different streams of the Migration Program.
Table 2.1:  Migration Program planning levels and program outcomes, 201920 to 2021-22
Category
2019-20 planning level
2019-20 program outcomes
2020-21 planning level
2020-21 program outcomes
2021-22 planning level
2021-22 delivery (at 31/08/21)
Skill
108,682
95,843
79,600
79,620
79,600
12,044
Family
47,732
41,961
77,300
77,372
77,300
10,347
Special Eligibility
236
81
100
54
100
1
Total Migration Program
156,650
137,885
157,000
157,046
157,000
22,392
Child
3,350
2,481
3,000
3,006
3,000
654
Total permanent migration places
160,000
140,366
160,000
160,052
160,000
23,046
Source: Department of Home Affairs, The Administration of the Immigration and Citizenship Programs, 8th Edition, p. 22.

Family stream

2.34
While Australia's Migration Program has the general goal of 'stimulat[ing] economic growth by increasing the size of the working age population, and contribut[ing] to GDP per capita growth by increasing the size of the working age population',51 the Family stream of the Migration Program has a wider mandate:
While the Family stream of the Migration Program primarily intends to support family reunification and contribute to social cohesion by strengthening family bonds in Australia, Partner visa holders, who represent the largest proportion of the Family program, also exhibit positive labour force, demographic and economic contributions.52
2.35
The department discussed the role of the Partner visa category in offsetting challenges posed by Australia's ageing population and reported on the high level of workforce participation by Partner visa holders.53 However, the department stated that the Parent and Other Family visa categories 'exhibit negative fiscal and economic outcomes, as visa holders are generally older and likely to place pressure on services, including the healthcare system'.54
2.36
Historically, Partner visas have represented the vast majority of the visa issued under the planning stream, as outlined in Figure 2.2.55

Figure 2.2:  Historical Migration Program planning levels, Family stream: 2010-11 to 2019-20.

Table

Description automatically generated
Source: Department of Home Affairs, Submission 22, p. 9.
2.37
The planned versus actual outcomes in the primary Family stream categories are listed in the following tables. As Child visas are demand-driven and not subject to a planning level,56 they are not included.
Table 2.2:  Partner visas: planned and actual outcomes
Program year
Planned
Outcome
2020-21 (to 31/8/2021)
72,300
8,685
2020-21
72,300
72,376
2019-20
39,799
37,118
2018-19
47,825
39,918
2017-18
47,825
39,799
2016-17
47,825
47,825
2015-16
47,825
47,825
2014-15
47,825
47,825
2013-14
47,825
47,752
2012-13
46,325
46,342*
2011-12
45,150
45,125*
2010-11
42,000
41,994
Source: Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 22; and Department of Home Affairs, Report on Migration Programme: 2009-10 to 2020-21.
* Figure calculated from percentages, not direct departmental reporting.
Table 2.3:  Parent visas: planned and actual outcomes
Program year
Planned
Outcome
2020-21 (to 31/8/2021)
4,500
1,596
2020-21
4,500
4,500
2019-20
7,371
4,399
2018-19
8,675
6,805
2017-18
8,675
7,371
2016-17
8,675
7,563
2015-16
8,675
8,675
2014-15
8,675
8,675
2013-14
8,925
8,925
2012-13
8,725
8,725
2011-12
8,500
8,502
2010-11
8,500
8,500
Source: Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 22; and Department of Home Affairs, Report on Migration Programme: 2009-10 to 2020-21.
Table 2.4:  Other Family visas: planned and actual outcomes
Program year
Planned
Outcome
2020-21 (to 31/8/2021)
500
66
2020-21
500
496
2019-20
562
444
2018-19
900
524
2017-18
900
562
2016-17
900
832
2015-16
900
900
2014-15
450
450
2013-14
585
585
2012-13
1,285
1,285
2011-12
1,250
1,252
2010-11
750
750
Source: Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 22; and Department of Home Affairs, Report on Migration Programme: 2009-10 to 2020-21.

Prioritisation: Ministerial Direction 80

2.38
Under section 499 of the Migration Act, the processing of the family stream of visas is guided by Ministerial Direction 80, which commenced on 21 December 2018.57 Ministerial Direction 80 sets out a processing priority for family visa applications. The direction sets out the Family stream processing priorities from highest to lowest in the following order:
(1)
applications where the minister has exercised powers of intervention under sections 351 and 417 of the Migration Act;
(2)
Partner, Prospective Marriage and Child visa applications;
(3)
Orphan Relative visa applicants;
(4)
Contributory Parent and Contributory Aged Parent visa applications;
(5)
Carer visa applications;
(6)
Parent, Aged Parent, Remaining Relative and Aged Dependent Relative visa applications; and
(7)
visa applications in which the sponsor is a person who entered Australia as an Illegal Maritime Arrival (IMA) and holds a permanent visa.58
2.39
Based on Ministerial Direction 80, visa applications for the family members of refugees holding permanent protection visas who came by boat are considered the 'lowest processing priority'.59 However, individuals who obtain Australian citizenship after having previously been classed as an IMA are not subject to the low processing priority attributed to IMAs under Ministerial Direction 80.60
2.40
Ministerial Direction 80 also provides for decision makers to 'depart from the order of priority if they are satisfied that the application involves special circumstances of a compassionate nature, and having regard to those circumstances, there are compelling reasons to depart from the order of priority'.61 The department noted that its procedural guidance documents state that such reasons may include:
life threatening or debilitating medical condition or serious, deteriorating physical health affecting the visa applicant or sponsor or members of their family units; and
any other circumstances that are significantly detrimental to a former IMA sponsor or member(s) of the family unit if these circumstances are permanent and have significant long-term impact.62

Visa Application Charges

2.41
Visa Application Charges (VACs) are prescribed in Schedule 1 of the Migration Regulations 1994. VACs are the taxes imposed on visa applicants, including the applicants in the Family stream. The department stated that 'VACs are classified as general taxation and are set by Government in accordance with policy objectives'.63 The legislative authority for imposing this tax is provided by the Migration (Visa Application Charge) Act 1997. All VACs must be paid in order for a visa application to be valid.
2.42
The department stated that 'a range of considerations are taken into account' when setting VAC levels, including 'the Government's policy intentions and the size and composition of the Migration Program'.64 The department observed that '[f]amily migrants draw upon Government services over the course of their lifetime in Australia, the VACs for Family visas in many cases only partially offsets the cost of Family migrants to the budget'.65
2.43
Current VAC settings, as at 5 May 2021, are listed in Table 2.5.
Table 2.5:  Visa Application Charges by Visa Type
Visa
Visa Application Charge
Partner (onshore – subclasses 820 and 801)
$7,715
Partner (offshore – subclasses 309 and 100)
$7,715
Prospective Marriage (offshore – subclass 300)
$7,715
Contributory Parent (subclasses 143, 864, 173, and 884)
$47,755
Non-Contributory Parent (subclasses 103 and 804)
$6,415
Other Family (Aged Dependent Relative – subclasses 114, and 838)
$6,415
Other Family (Remaining relative – subclasses 115 and 835)
$6,415
Other Family (Carer – subclasses 116 and 836)
$3,860
Other Family (Orphan Relative – subclasses 117 and 837)
$1,630
Child (subclasses 802 and 101)
$2,66566
Child (Adoption – subclass 102)
$2,665
Child (Dependent child – subclass 445)
$2,665
Sponsored Parent (Temporary) (subclass 870)
$5,000 (three-year visa)
$10,000 (five-year visa)
Parent Sponsor in relation to a Sponsored Parent (Temporary) (subclass 870)
$420
New Zealand Citizen Family Relationship (subclass 461)
$365
Source: Department of Home Affairs, Submission 22, pp. 24-29.

Interim arrangements due to COVID-19

2.44
During 2020 and 2021, global travel restrictions to manage COVID-19 related health risks have limited the arrival of temporary and permanent migrants to Australia. Since March 2020, the Australian government has implemented travel restrictions to prohibit non-citizens and non-permanent residents from entering the country, with limited exemptions. Australian citizens and permanent residents have also been prohibited from leaving Australia, with limited exemptions.67 Accordingly, interim arrangements have been put in place regarding the management of some visa classes.
2.45
The pandemic and ongoing travel restrictions have significantly reduced demand for most visas. In 2019-20, the COVID-19 pandemic caused a reduction in overall visa applications by more than 2.3 million when compared to the previous year. In 2020-21, overall visa applications declined by another 6 million, a reduction of 81 per cent, as compared to the 2019-20 period.68
2.46
The department explained the legislative changes introduced to assist family visa holders and applicants adversely affected by COVID-19, including the temporary removal of the requirement to be outside Australia at the time of visa grant, provision of visa extensions and VAC refunds.69 On 27 February 2021, amendments came into effect allowing applicants for certain Partner and Child visas, which have been applied for outside Australia, to be granted while the visa applicant is in Australia, if the applicant was in Australia during the COVID-19 concession period.70 Similar changes were implemented for Parent visas on 24 March 2021.71
2.47
The availability of several key services has also been affected by the pandemic, such as those for medical checks and police certificates72. This lack of availability, as well as reduced staffing levels in overseas visa offices, has increased processing times. In response, the department redistributed caseloads globally between visa processing offices.73
2.48
According to the department, it has actively communicated with onshore partner applicants in relation to outstanding requirements, such as health and character checks, to ensure that these are completed and visa applications may be finalised.74 Between December 2020 and June 2021, the department contacted 38,000 applicants individually to progress their applications. This resulted in the delivery of more Partner visas in the 2020-21 year 'than in any program year in at least 25 years'.75

  • 1
    Department of Home Affairs, Submission 22, p. 7.
  • 2
    Department of Home Affairs, Submission 22, p. 7.
  • 3
    Department of Home Affairs, Submission 22, p. 7.
  • 4
    Department of Home Affairs, Submission 22, p. 7.
  • 5
    Migration Act 1958, s 4.
  • 6
    Department of Home Affairs, Submission 22, p. 10; and Migration Act 1958, s 85.
  • 7
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 29.
  • 8
    Migration Act 1958, s 87.
  • 9
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 29.
  • 10
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 29.
  • 11
    Australian Human Rights Commission, Submission 18, p. 10.
  • 12
    Ministerial Direction 80 is further discussed below in the 'Policy settings' section of the report.
  • 13
    Department of Home Affairs, Submission 22, p. 5.
  • 14
    Department of Home Affairs, Submission 22, p. 5.
  • 15
    Department of Home Affairs, Submission 22, p. 5.
  • 16
    Department of Home Affairs, Submission 22, p. 6.
  • 17
    Department of Home Affairs, Submission 22, pp. 15-16.
  • 18
    Department of Home Affairs, Submission 22, p. 16.
  • 19
    Department of Home Affairs, Submission 22, p. 16.
  • 20
    Department of Home Affairs, Submission 22, p. 7.
  • 21
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 30.
  • 22
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 30.
  • 23
    Department of Home Affairs, Submission 22, p. 24.
  • 24
    Department of Home Affairs, Submission 22, p. 24.
  • 25
    Department of Home Affairs, Submission 22, p. 25.
  • 26
    Migration Regulations 1994, Division 1.5. See also, Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 32.
  • 27
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 32.
  • 28
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 32.
  • 29
    Department of Home Affairs, Submission 22, p. 25. Additionally, for subclasses 173 and 884, the visa is granted for two years only. The visa holder can then apply for the respective permanent subclass 143 or 864 visa with some concessions, such as already meeting the balance of family test.
  • 30
    Department of Home Affairs, Submission 22, pp. 25-26.
  • 31
    Department of Home Affairs, Submission 22, p. 26.
  • 32
    Department of Home Affairs, Submission 22, p. 26.
  • 33
    Department of Home Affairs, Submission 22, p. 26.
  • 34
    Department of Home Affairs, Submission 22, p. 26.
  • 35
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 32.
  • 36
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 32.
  • 37
    Department of Home Affairs, Submission 22, p. 27. For Subclass 802 vulnerable child provisions the child must be under 18 and in the permanent care of the State or Territory Government Welfare Authority for the remaining duration of their childhood.
  • 38
    Department of Home Affairs, Submission 22, p. 27.
  • 39
    Department of Home Affairs, Submission 22, pp. 27-28.
  • 40
    Department of Home Affairs, Submission 22, p. 5.
  • 41
    Department of Home Affairs, Submission 22, p. 19.
  • 42
    Department of Home Affairs, Submission 22, p. 19.
  • 43
    Department of Home Affairs, Submission 22, p. 19.
  • 44
    Department of Home Affairs, Submission 22, p. 19
  • 45
    Department of Home Affairs, Submission 22, p. 20
  • 46
    Department of Home Affairs, Submission 22, pp. 20-21
  • 47
    Department of Home Affairs, Submission 22, p. 21.
  • 48
    Department of Home Affairs, Submission 22, p. 7; Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th Edition, October 2021, p. 21.
  • 49
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 7th Edition, May 2021, p. 29.
  • 50
    Department of Home Affairs, Submission 22, p. 7; and Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th Edition, October 2021, p. 21.
  • 51
    Department of Home Affairs, Submission 22, p. 7.
  • 52
    Department of Home Affairs, Submission 22, p. 7.
  • 53
    Department of Home Affairs, Submission 22, p. 8.
  • 54
    Department of Home Affairs, Submission 22, p. 8.
  • 55
    Department of Home Affairs, Submission 22, p. 8.
  • 56
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 32.
  • 57
    Australian Human Rights Commission, Submission 18, p. 10.
  • 58
    Department of Home Affairs, Submission 22, p. 30.
  • 59
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th edition, October 2021, p. 30.
  • 60
    Department of Home Affairs, Submission 22, p. 18. See also Law Council of Australia, Submission 25, p. 5.
  • 61
    Department of Home Affairs, Submission 22, p. 17.
  • 62
    Department of Home Affairs, Submission 22, p. 18.
  • 63
    Department of Home Affairs, Submission 22, p. 11.
  • 64
    Department of Home Affairs, Submission 22, p. 11.
  • 65
    Department of Home Affairs, Submission 22, p. 11.
  • 66
    Or no fee if the child is applying under the subclass 802 vulnerable child provisions.
  • 67
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th Edition, May 2021, p. 5.
  • 68
    Department of Home Affairs, Administration of the Immigration and Citizenship Programs, 8th Edition, May 2021, p. 7.
  • 69
    Mr Andrew Kefford, PSM, Deputy Secretary, Immigration and Settlement Services, Department of Home Affairs, Committee Hansard, 25 June 2021, pp. 29-30. See also Department of Home Affairs, Submission 22, p. 22.
  • 70
    Department of Home Affairs, Submission 22, p. 22.
  • 71
    Department of Home Affairs, Submission 22, p. 22.
  • 72
    Department of Home Affairs, Submission 22, p. 18.
  • 73
    Mr Kefford, Department of Home Affairs, Committee Hansard, 25 June 2021, pp. 29-30. See also Department of Home Affairs, Submission 22, p. 18.
  • 74
    Department of Home Affairs, Submission 22, p. 18.
  • 75
    Mr Kefford, Department of Home Affairs, Committee Hansard, 25 June 2021, pp. 2930.

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