1.1.2 Family entry (permanent)
Objectives
- Facilitate the entry of close family members of Australian citizens, permanent residents or eligible New Zealand citizens including spouses, interdependent partners, fiance(e)s and dependent children.
- Provide opportunities for other family members such as parents, aged dependent relatives, carers and remaining relatives to join their relatives in Australia.
Description
The family stream of the Migration Programme contains a range of visa classes which meet broad social and family reunion objectives. Around 85 per cent of the family stream is taken up by the partners and fiancés of Australian citizens and permanent residents.
In addition there are a number of smaller volume visa categories. Parent migration was allocated 4500 places in 2006-07. Parent migration has been carefully managed over the last decade because of the significant costs to the budget. There are two sub-categories:
- parent visas which had 1000 places allocated in 2006-07
- contributory parent visas which had 3500 places allocated in 2006-07.
Other family stream visa classes cater for:
- remaining relatives – people offshore whose close family members are all resident in Australia
- carers – who migrate on the basis of their capacity to provide ongoing care to an Australian relative
- aged dependent relatives
- orphaned relatives.
Performance
Table 8 shows the components of the family stream and the percentage change between 2006-07 and the previous year. The total number of visas issued in all categories for in 2006-07 was 50 079, an increase of 10.6 per cent on 2005-06.
Partner visas
The median processing time for partner visa applications in Australian offices was 2.8 months which is better than the published service standard of 3.5 months for high risk applications and three months for low risk applications.
The median processing time for partner visa applications at overseas posts were 4.4 months for high risk applications and 1.9 months for low risk applications. These times are better than the published service standard of six months for high risk applications and three months for low risk applications.
Domestic violence provisions
Australia’s Migration Programme enables people (generally those who are in Australia on a Provisional Partner visa) to apply to remain in Australia if a partner relationship breaks down because of domestic violence. The domestic violence provisions were introduced in response to community concerns that some partners might feel compelled to remain in abusive relationships rather than end the relationship and be required to leave Australia.
Legislation introduced on 1 July 2005 allows the department to refer doubtful claims of domestic violence to an independent expert, with extensive expertise in domestic violence matters, to ensure that only genuine claimants access the provisions. The opinion of the independent expert (currently gazetted as Centrelink) is binding on the immigration decision maker. These changes were developed in consultation with the Office for Women (OFW) and the Partnerships Against Domestic Violence Task Force.
Departmental reports indicate that 565 applications with claims against the domestic violence provisions were made during 2006-07, compared to 492 applications in 2005-06.
At 30 June 2007, there were 127 referrals to Centrelink by departmental officers, a referral rate of less than 23 per cent of the total number of applications with domestic violence claims. Of the 107 referrals finalised by Centrelink, there were 58 findings of domestic violence having taken place and 49 of no domestic violence.
A further 31 referrals to Centrelink were made by the Migration Review Tribunal. Of the 24 referrals finalised by Centrelink, there were 16 findings of domestic violence having taken place and eight findings of no domestic violence.
Child visas
In March 2004, a best practice model for child visa processing was implemented globally. Client reaction to the processing changes continues to be favourable.
The department continues to work closely with state and territory adoption authorities that manage the inter-country adoptions programmes in Australia. State and territory government adoption authorities are aware of departmental procedures and inform prospective adoptive parents of visa requirements. This process ensures that cases managed by state and territory adoption authorities are processed as expeditiously as possible.
Temporary child visa applications from onshore applicants are lodged and processed centrally at the department’s Hobart office. This ensures consistency and focus on the special needs of children who are seeking this visa and allows them to be included in their parent’s application for grant of a permanent Partner visa.
Parent visas
All 1000 places available in the non-contributory parent category were filled in 2006-07. The contributory parent migration category came into effect on 27 June 2003 and there were 3500 visas granted in this category in 2006-07.
The category was capped for the first time in June 2006. In 2007-08 there will again be 4500 visa places available – 1000 in the parent category and 3500 in the contributory parent category.
Processing times for the offshore contributory parent category visas did not meet published performance standards through 2006-07. The number of applications received by the Perth Offshore Parents Centre (POPC) have more than doubled in three years (from about 3000 cases in 2005 to more than 7000 cases at June 2007) and the average application rate is 325 cases (525 people) per month. With only 3500 visa places available under the programme, POPC faced a rapidly increasing workload and consequent backlog. The department responded to this situation by putting in place a number of revised management practices to ensure smarter processing, including restructuring POPC and introducing streamlined processing methods to improve productivity and efficiency.
The expected gains did not show immediately and it will take some time for these measures to take effect and catch up with on-hand applications.