RMAs have also recently reported that processing times for Partner Visas are going well beyond DIBPs promised standards even with the department announcing that its currently taking up to 15 months to decide on the first stage of a partner visa application.
There have been suggestions that DIBP is “intentionally staggering visa grants across the program year, so as not to exhaust their entire allocation within the first few months. There are also suggestions that staff cutbacks and an increase in the number of low quality applications is increasing processing times.
"I have heard it said many applications prepared by the couple without professional guidance/assistance are manifestly inadequate and lead to refusals. This alone is often why a later professionally prepared appeal is successful… Perhaps the increase in refusals is due to an increase in couples preparing their own applications and I suggest this may well be driven by the increase in Partner Visa Fees,” says Robyn Oyeniyi, a prominent human rights campaigner and author of the book, Love versus Goliath on her website.
According to the statistics from the Administrative Appeals Tribunal (AAT) its current caseload consists of 10,626 cases related to migration review (excluding refugee reviews). While it is deciding about a 1000 cases a month, there is an average 1165 new cases being lodge each month.
Partner visa category cases currently on hand with AAT number some 4,270 or about 40% of the tribunal’s caseload. Most of the AAT review applications are generally being lodged in Sydney (40%) and Melbourne (36%).
Of the total cases decided, just under half are being affirmed and over a third being set aside. The others are either withdrawn or discontinued.
Cases are generally taking about a year to finalise.
|
Days from lodgement to decision |
|
||
Case category |
Decisions |
Average |
Median |
75th percentile |
Bridging |
280 |
17 |
9 |
11 |
Visitor |
777 |
119 |
113 |
148 |
Student refusal |
1023 |
241 |
221 |
317 |
Temporary work |
359 |
257 |
228 |
378 |
Permanent business |
269 |
304 |
260 |
399 |
Skill linked |
254 |
225 |
170 |
241 |
Partner |
1939 |
342 |
376 |
432 |
Family |
452 |
379 |
387 |
449 |
Student cancellation |
255 |
233 |
232 |
297 |
Nomination/Sponsor approval |
398 |
303 |
289 |
406 |
Protection |
1615 |
405 |
413 |
520 |
Other |
31 |
95 |
91 |
119 |
Takes 3-4 months for low risk country passports but on average is it taking around 9-12 months as per CO. I have applied for my visa as well and my wife is overseas. Been 9 months so far. Did the applicant get a call yet from the case officer ask relationship details to see if its genuine? thats the last thing they do before giving it to the person who makes the decision. There is a backlog I heard on that final person making the decision.
We've been advised that due to an insufficiency of Tribunal Members who are qualified to hear partner visa appeal applications, Queensland AAT applications are taking more than a year to be allocated a Tribunal Member. We have a current client who has waited 18 months at the Tribunal.
Just letting everyone know that my application for visa subclass 309 temporary partner visa was decided ten months after lodgement of the visa application with the Australian High Commission Ottawa Canada. The visa was granted end Jan. 2016 and the visa applicant is now in Australia to join his wife and family.
Likewise, my visa application for 820 was granted onshore the next day after lodgement in 2012 and the 801 was granted 6 months after the required two years period after the 820 visa grant. It could have been a bit earlier had the visa applicant and sponsor did not go overseas. Visa applicant is now happily settled in Australia with her spouse(sponsor).
Same visa applicant's visa s/c 300 was granted 5 months after lodgement with the Australian High Commission in Singapore in 2012.
Hello, on January 25th my wife and I lodged the Stage 1 Partner or Prospective Marriage Visa (300,309/100,820/801) for $6,865 AUD and are waiting on immigration to make their decision and finalize my visa, after reading your article it discouraged me of having my visa process in a timely manner. My wife lives in Perth and I live in Charleston, SC in the USA. We hope the processing time wouldn't take long because we want to be together as soon as possible. We didn't think it would take a year for them to make a decision. We have submitted all documents and I have already had my health inspection. We don't want to have the wait time to put a strain on our marriage. Do you have any advice if there is anyway of speeding up the decision by immigration to grant me my visa.