1.1.2 Family migration

Objectives

This component aims to:

• facilitate the entry of close family members of Australian citizens, permanent residents or eligible New Zealand citizens including spouses, interdependent partners, fiancé(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 Program contains a range of visa classes that meet broad social and family reunion objectives.

Approximately 80 per cent of the Family Stream is comprised of partners of Australian citizens and permanent residents. The planning level for this group in 2007–08 was 40 500 places.

Parent migration was allocated 4500 places in 2007–08.

There are two sub-categories:

• Parent visas, which had 1000 places allocated in 2007–08
• Contributory Parent visas, which had 3500 places allocated in 2007–08.

Other Family Stream visa classes cater for:

• children including natural, adoptive, step-children and orphaned relatives
• remaining relatives—people offshore whose close family members are all resident in Australia
• carers who migrate to care for relatives in Australia
• aged dependent relatives.

Performance

Table 8 shows the components of the Family Stream and the percentage change between 2007–08 and the previous year. The total number of visas issued in all categories for 2007–08 was 49 870, a decrease of 0.42 per cent from 2006–07.

Table 8: Numbers admitted under the Family Stream by category

Category	2006–07	2007–08	Percentage change
Partner	40 435	39 931	–1.25%
Parent1	4 500	4 499	–0.02%
Child	3 008	3 062	1.80%
Other family	2 136	2 378	11.33%
Total	50 079	49 870	–0.42%

1. Including 3499 grants in the contributory parent category.

Figure 7: Ratio of family migration visa grants 2007–08

Table 9: Family migration—performance information

Measures	Results
	2005–06	2006–07	2007–08
Quality
Percentage of applications finalised within service standard1	N/A2	N/A2	73.84%
Quantity
The Family Stream component of the Migration Program meets the planning level determined by government
Planned	45 000	50 000	50 000
Result	45 291	50 079	49 870
Number of offshore applications (persons) finalised	53 3593	60 0293	55 4233
Number of onshore applications (persons) finalised	52 267	52 325	53 537

1. Family Stream performance information includes all family visa categories except Parent visas which have a fixed number of places allocated.
2. Service standards were calculated using the current indicators for the first time in 2007–08.
3. Applications processed in Taipei are not reflected in the applications (persons) finalised quantities.

Family violence provisions

Australia’s Migration Program enables people (generally those who are in Australia on Provisional Partner visas) to apply to remain in Australia if a partner relationship breaks down due to family violence. The family 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. On 15 October 2007, the migration regulations were amended to reflect amendments to the Family Law Act 1975. These amendments included updating the term and definition of ‘domestic violence’ to ‘family violence’.

Legislation introduced in July 2005 allows the department to refer doubtful claims of family violence to an independent expert with extensive expertise in family 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 and the Partnerships Against Domestic Violence Task Force.

Departmental reports indicate that 502 applications with claims against the Family Violence Provisions were made during 2007–08.

At 30 June 2008, there were 74 referrals to Centrelink by departmental officers, a rate of less than 15 per cent of the total number of applications with family violence claims. Of the 61 referrals finalised by Centrelink up to 30 June 2008, there were 40 findings of family violence having taken place and 21 of no family violence.

A further 49 referrals to Centrelink were made by the Migration Review Tribunal. Of those finalised, there were 19 findings of family violence having taken place and 26 findings of no family violence.

Parent visas

All 1000 places available in the parent category were filled in 2007–08, along with 3499 of the available 3500 contributory parent category places.

The Contributory Parent visa category came into effect on 27 June 2003. This category was capped for the first time in June 2006. Due to high levels of demand and the fixed number of places available, this category was also subject to queuing for the first time in 2007–08.

There has been an increase in the Parent visa allocation for 2008–09. There will be 8500 visa places available with 2000 in the parent category and 6500 in the contributory parent category.

The increased number of available Parent visas for the 2008–09 year will reduce waiting times for applicants, and will restore some balance to the structure of the Migration Program.

The majority of Parent visa applications are processed at the Perth Offshore Processing Centre. During 2007–08, the centre put in place a number of revised management practices to improve processing, including restructuring the centre and introducing streamlined processing methods to improve productivity and efficiency.

Child visas

The department continues to work closely with state and territory adoption authorities that manage intercountry adoption programs in Australia. The adoption authorities are aware of the department’s procedures and inform prospective adoptive parents of visa requirements for their adoptive child. This process ensures that cases managed by state and territory adoption authorities are processed as expeditiously as possible.

Amendments to the Onshore Child (subclass 802) visa regulations were introduced on 26 April 2008 to cater for certain non-citizen, non-permanent resident children in state or territory government welfare authority care. The amendments are a targeted solution for situations where children of non-citizen, non-permanent resident parents have been abandoned in Australia or are in other vulnerable situations. As these children have no suitable family members willing to care for them, a government welfare authority may decide to support a permanent residence visa application for the child. In 2007–08, 3062 child stream applications were granted.

Table 10: Family migration—performance against service standards

Category	Onshore clients		Offshore clients
	Low risk	High risk1	Low risk	High risk1
Spouse and interdependent (temporary)
Target	75 per cent finalised in 6 months	75 per cent finalised in 6 months	75 per cent finalised in 5 months	75 per cent finalised in 10 months
Result	74.43%	65.38%	88.42%	85.99%
Prospective Marriage
Target	N/A2	N/A2	75 per cent finalised in 5 months	75 per cent finalised in 10 months
Result	N/A2	N/A2	88.62%	88.66%
Spouse and interdependent (permanent)
Target	75 per cent finalised in 6 months	75 per cent finalised in 8 months	N/A3	N/A3
Result	64.60%	61.70%	N/A3	N/A3
Child
Target	75 per cent finalised in 6 months	75 per cent finalised in 7 months	75 per cent finalised in 3 months	75 per cent finalised in 10 months
Result	65.06%	64.94%	83.25%	81.73%
Contributory parent category4
Target	3 500 visas granted
Result	99.97%

1. High risk is defined as those nations for whom ETA is not available.
2. Not applicable/available in Australia.
3. Numbers statistically insignificant.
4. Performance of the Contributory Parent category has not been measured against service standards as it was capped at 3500 visa grants in February 2008.

Note: The 75 per cent processing times are from application to finalisation.