While the 457 “crackdown” comprised the most publicised aspects of migration law changes implemented by the government on 1 July 2013, a lesser-known change was introduced to the onshore partner visa processing regime that prohibits applicants or their migration agents from lodging onshore partner visa applications in person at DIAC Offices.

Item 1214C(3)(fa), added to Schedule 1 of the Migration Regulations 1994 as of 1 July 2013, states:

(fa)      An application must be made:

(i)      by posting the application (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

(ii)      by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph; or

(iii)      if no address has been specified for subparagraphs (i) and (ii) — by lodging the application at an office of Immigration.

This new change means that even though the DIAC website says the NSW Partner Processing Centre offers “counter service” from 9am to 4pm at the Ground Floor of 26 Lee Street, applicants and their agents are prohibited from lodging applications in person there, and instead must pay Australia Post or a courier to deliver applications to the NSW or other appropriate Partner Processing Centre.

Applicants with extremely time-sensitive partner visa applications who depend on the “counter service” for the NSW Partner Processing Centre as advertised on DIAC’s website may be in for a rude surprise. Veteran migration lawyer Kim Hunter reports that when a client of hers attempted to lodge a partner visa application at DIAC’s 26 Lee St offices last week, “my client was shown the door and told to ‘post it’, was not told of courier delivery options, and was not allowed to leave the application at the counter or anywhere else.” As a result, Hunter reports the client had to courier the application in urgently that afternoon and wait for an acknowledgement letter confirming grant of a BVA in order to apply in person for an urgent Bridging Visa B.

While most organisations and businesses are trying to make themselves easier to do business with, it would seem that DIAC is doing the opposite – with onshore partner visa application times blowing out to 13 months and now the removal of the ability of applicants and their agents to hand deliver partner applications, DIAC would seem to be moving very hard to push business away, or at least make it harder for applicants to lodge visa applications.

“People… Our Business”?? Hmm. Maybe it’s time for DIAC to replace that slogan with a more accurate one that better reflects today’s realities of constantly increasing visa application fees, longer delays, and decreasing levels of client service and convenience. Perhaps the words of a case officer to a migration agent colleague recently say it best:

 

“The grant of an Australian visa is a privilege, not a right.”
-- DIAC Case officer to Migration Agent, August 2013