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Processing times for partner visas are taking longer with many being refused

About 40% of the migration Tribunal’s caseload consist of dealing with Partner Visa refusals by the department of immigration, according to the latest figures from the AAT. Has the hike in the partner visa application charge resulted in applicants attempting this complex application on their own?

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 The others are either withdrawn or discontinued.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

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Comments

  • Guest
    John Smith Tuesday, 16 February 2016

    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.

  • Guest
    Daniel Thursday, 06 July 2017

    It took me 13 months to get my 309.

  • Guest
    sachin Tuesday, 09 May 2017

    Did ur wife get australia visa
    how much processing time does it took!!!

  • Guest
    Wes Thursday, 16 February 2017

    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.

  • Guest
    Nara Tuesday, 17 January 2017

    They don't give a shit even u got a child . My f got 3years old kid , still waiting

  • Guest
    zee Thursday, 22 June 2017

    yeah man you are right i came to australia when our child was of 5 months !!!!

  • Guest
    Da Riya Thursday, 12 January 2017

    I lodged partner visa onshore December 2013.still waiting. My friend lodge in March2013 also still waiting .

  • Guest
    a fr Tuesday, 17 January 2017

    when did you lodge the second stage?

  • Guest
    Seb Tuesday, 16 February 2016

    Are you sure about the up to 15 months comment ?
    Im at 14 months and have been told up to 18 months

  • Guest
    Harry Wednesday, 10 August 2016

    Who told you about 18 months ?

  • Guest
    JK Wednesday, 17 February 2016

    What about 2nd stage processing? Our case is nearing 10 months for onshore 801.

  • Guest
    a fr Tuesday, 17 January 2017

    JK did you end end up getting it? if so when your second application finalised?

  • Guest
    Shivali Monday, 11 July 2016

    Hi, I have been waiting for more than 12 months now for a decision on 801 application lodged in june 2013 in Australia. Just annoying - Not sure what they are up to .
    all the documents have been sent on time /

  • Guest
    Chantal Wednesday, 17 February 2016

    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.

  • Guest
    Raj Wednesday, 17 February 2016

    Hi John

    Prospective Marriage visa usually takes 3-4 months for low risk country passport holders.

    Cheers

  • Guest
    Eddie Thursday, 19 October 2017

    Not 4 months from high risk country . I applied 4 months already still hear nothing

  • Guest
    Eddie Thursday, 19 October 2017

    Not 3-4 moths from high risk country . I been waiting 4 months already , my lawyer said 15 months log 30 June now 20 oct

  • Guest
    priscilla Sunday, 05 February 2017

    Does this include defacto applicants from the UK?

  • Guest
    Pablo Adelan Wednesday, 17 February 2016

    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.

  • Guest
    Seb Wednesday, 17 February 2016

    Where is the list of low risk vs high risk countries ?

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