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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 The others are either withdrawn or discontinued.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
    Rodney O Woosnam Saturday, 04 November 2017

    I waited 28 months but finally got my Permanent Residency to return to my wife

  • Guest
    KateW Tuesday, 28 November 2017

    I applied for my Stage 1 Partner or Prospective Marriage Visa in February 2016. Its now December 2017 and still now word. Luckily I am currently on a 457 work visa, but this could be devastating for couples who don't have the option to work. Another huge oversight is that by the time the application is reviewed the documents (police check, medical, etc.) submitted will be out of date and need to be redone a the financial and time expense of the applicant.

  • Guest
    zee Thursday, 14 March 2019

    when you got your visa ?

  • Guest
    Wani Tuesday, 05 December 2017

    I just can’t believe that I only waited for less than two months for my 820 to be approved. I finished uploading everything in October 2017 after a CO contacted me requesting for more evidence of relationship, mind that I started my application in late September 2017.
    And today I got an email saying that my 820 is approved! Couldn’t believe that it!
    I prepared everything without any agent, and submitted everything in one go (police checks were done 2 months before submission), and I did medical check up right after I submitted my 820.
    I was on graduate visa before 820 was granted, and I’m from Malaysia (probably considered as a low risk country). Not sure of these factors helped me.
    Now I just need to wait for the invitation for the 801.

  • Guest
    Geoffrey Nielsen Terry Saturday, 16 December 2017

    I am an Australian male living in India. Now that marriage equality is a reality in Australia my Indian male partner and I would like to apply for the prospective marriage visa as a same sex couple. We have been in a relationship for the past 3 and a half years living together and sharing our lives here in India. My question is? I am 69 yrs, my partner is 24, does this age discrepancy look odd? it does not bother us! but would immigration feel that it could be. Our respective families have no problem with it. any feedback would be welcome!

  • Guest
    Gina Tuesday, 19 December 2017

    My partner has been waiting for 13months, he just received a letter from AAT requesting further information. His cut off date was last week and we are still waiting for an outcome. The office will have skeleton staff from 22/12/17-2/1/18.
    Has anyone else received a letter requesting further information from
    AAT?

  • Guest
    yash Sunday, 31 December 2017

    i applied in june 2015 from overseas ...still wqiting

  • Guest
    zee Thursday, 14 March 2019

    any update ?

  • Guest
    Wayne sawtell Wednesday, 17 January 2018

    My wife and I have waited for almost 2 years and now immigration want us to re submit ALL of our previously supplied application information.
    We also know a couple who have had their application lodged for 30 months (2 1/2 years) and they have also been asked to re submit all the original application information.
    Very poor treatment from "Home Affairs"

  • Guest
    Megan watt Saturday, 03 February 2018

    Hi there, I would like to know , How long the DIBP take for reconsider my on shore partner visa 820 after the AAT remit ?
    DIBP ask for the compelling reason Criteria 3 again !!! First compelling reason was on July 2014 then they refused my visa .
    The lawyer submitted compelling reasons
    The DIBP get back every 2 weeks for
    Character PC health Examination
    Now 2 months after health Examination
    But all total from AAT 15 months
    My partner already leave
    And I domestics violence provision
    I still get it?
    Nearly lost my hope so stressful

    Thansk for some advice

  • Guest
    AMER AGALAT Monday, 16 July 2018

    hello,I am an Australian citizen, a Jordanian citizen and a resident of Jordan. I have applied for residency for my wife since March this year. Do I have to be in Australia during the waiting period where it is difficult to evaluate in Australia other than my wife and daughter where we have 6 years married

  • Guest
    samy Tuesday, 03 March 2020

    Hi, I had applied for partner visa subclass 309/100 on November 2016 and I am still waiting for my husband temporary visa get granted. it is very hard and heartbreaking.

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