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 The others are either withdrawn or discontinued.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 |
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.
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.
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!
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?
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"
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
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
I waited 28 months but finally got my Permanent Residency to return to my wife