Senate Legal and Constitutional Affairs Legislation Committee, , 8:29:41 to 8:46:02
Discussion on the blowout in partner visa processing times to 23 months and the impact of Ministerial Direction 117 on prioritizing onshore over offshore applications.
Topics: Human rights, Public service staffing
Speakers: Senator David Shoebridge, Damien Kilner, Michael Willard, Senator Jana Stewart, Hon Murray Watt, Clare Sharp
Thanks, Chair. I was going to ask some questions about partner and parent visas. And about direction 117. Who's best to answer those questions? Willard.
Me and Mr. Kilner might join me. Senator.
Good to see you again, Mr. Willard. Mr. Kilner. Since we I think since May, there's been what I understand, there's been a jump of partner visa applications. And I think from the program year report, it's it went up in 2025-2026 from 96,000 to 116,000 and a bit. Can you confirm those figures, Mr. Willard?
Yeah, the figures that's currently 120,000, Senator?
It's currently 120,000.
That's as at 31st of August.
Yeah. That's about a 25 per cent jump, isn't it, from last year?
I don't have the dates from previous years, but Mr. Kilner may have them.
I think my numbers had it at about 96,000 the previous year. Basic math says that's about a 25 percent jump. But Mr. Killen?
Yeah, I think that's right. Uh Damian Kilner, um, first assistant secretary, citizenship humanitarian family visa programs and support division, but that's about right, yes, Senator.
Now, is that how many are in the queue at the moment of partner visas?
Effectively, yes.
Yep. And uh Ms. Willett, I'm sorry, you have to speak a little. These are needy, these microphones. Um that same report in relation to last financial year said that the number of visas processed, and I think the term is the planning level is 40,500, is that right?
Correct.
Yep. It also says that the planning level is demand-driven. That's what the report says. The planning level is demand-driven. Is that true?
The it the program is demand-driven in the sense that uh applications are lodged and there's no mechanism at which uh the program can be capped.
Well, because it's it's unlawful to cap it, isn't it?
Well, there's no power to cap a partner program.
Yeah, well, refusing to accept applications would be unlawful.
We have to accept validly lodged applications.
And there's a legal obligation to process them?
Yes.
Yes. So not processing them or not accepting them would be unlawful?
We have to accept validly lodged applications, and we do have to process applications that are launched, yes.
But the numbers seem to have been growing up, growing in terms of partner applications year after year after year. But if I'm right, the planning level has remained stubbornly at 40,500 for the last three years. Is that right?
It has remained at around that level, yes.
And I assume that that then has determined a staffing allocation and a resourcing allocation? And I assume that's been basically flat-lined over the last three years. Is that right?
Yes. I think we've had a discussion in previous estimates about around the way we we staff and allocate resources in order to move planning levels.
So what is the average delay now for a partner visa? What was it three years ago and what is it now?
Median processing time at the moment is 23 months, Senator. Um I don't have three years ago at hand, uh Mr. Killman, might be.
Well, do Mr. Killman, can you say three years ago? Do you know what it was 12 months ago?
I I don't think I have uh that, but just one moment, I'll just check. No, I don't have that. Sorry, I'll have to take that on notice. I don't have that figure with me.
Do you know what it was at any time in the past?
Uh I think last year it was uh around 18 months, I think, is Senator?
Um, could I ask you on notice to tell us what it was going back to 2022? Yes. When we had a change of government? Yes. So what it was in the last year of the previous government and what it has been since then? But I think we can safely agree that the median processing time has increased year after year, hasn't it, over the course of the last four years?
Uh yes, Senator, the median type processing time has increased and the number of on-hand applications has increased.
And and these are partner visas where an Australian resident or an Australian citizen is seeking to bring the person they've fallen in love with into the country, or if they are in the country seeking to have their right to stay with them permanently as a partner. That's what this is about, isn't it?
That's correct. It's citizens and permanent residents are eligible to sponsor.
If partners are separated, waiting 23 months could have a very significant impact on the relationship, couldn't it? Like two years, waiting two years.
Senator, uh I I it it may have an impact on the relationship. I I'd make the point that in terms of um waiting and where someone is and and what they might do in that period. There are other options. If someone is offshore, it is possible to either visit that person offshore or to get a visitor visa to come to Australia to be with a partner. If someone is on shore, um then typically they'd be granted a bridging visa which allows them to remain.
Well things were already pretty tough last year, waiting 18 months. It's now got worse waiting 23 months. But now for some people, the impact of Ministerial Direction 117 is going to make it even worse, and the delays even longer, isn't it?
Well, the focus of 117, it will mean that onshore um applicants will be prioritized. So they they will have a shorter waiting time than they otherwise would have. Uh but offshore applicants uh will have a longer waiting time.
Um and have you modeled what the delay will be for offshore applicants? Have you got a what what what the what the likely medium waiting time will be for offshore applicants now?
No, I don't believe we've we've modelled, Senator, we continue to monitor the um the number of on-hand applications. Um what I can say, I do have some figures here, Senator. I just wanted to correct what I said earlier. So uh so far this year the uh average processing times is 23 months, as you said. Last year it was 16 months, not 18 months. The year before it was 11 months and nine months before that to back to 23-24. Um that's commensure it with the obviously the growth in the numbers of applications we've been seeing year on year and impacted obviously by the size of the number of uh cases allocated to uh partner cases through the migration program through the annual allocation.
Well well, you know, the the processing time has blown out by 250 per cent. That's that's what the difference between nine and twenty-three months is. It's a 250 per cent increase, slightly more then, um, in terms of processing times. What's what's the what's been the the increase in application numbers over that time? Nothing like 250 percent.
I don't think I've got that. Well, Mr. Kilner is looking for the figures. We did we did see a increase in applications following the the border reopening. Uh and I think they've since moderated uh since that time, but Mr.
Kilner Kilner may have the So I can tell you, uh Senator in 21-22, the entire family program, Senator. I don't have partner. I can give you the family numbers. Yeah, I'm sorry, I've only got last.
If you could provide them on notice or if you discover them in the course of this, no, I don't have them with me, so I can give you the number of the years. Do you provide them a notice throughout for the for that whole duration what the numbers were over that period? Um but but we can agree, can't we, that it hasn't been a 250 percent increase or anything like a 250 per cent increase over that time?
In application volume? No, it hasn't been a 250 per cent increase.
And and if it's if the median wait time now, and I assume that's for all classes of visa, that's for all of partner visas onshore and offshore, and and including those onshore where to accept the visa you'd have to go offshore, which is another subset. Um I ask again, have you did you model what the impact of um direction 117 would be on those offshore applications? What do you expect the delay now to be?
Uh Senator, at the moment, because the direction is fairly recent, we we're not seeing a huge discrepancy between those figures. It will be a question of how long the direction stays in place as to how wide that gap gets between the onshore and the offshore processing times. Uh, we do have a very large number of applications on shore that the direction will help us get through more quickly.
Well, but um what are you anticipating to be the reduction in wait times for onshore applicants? If you are anticipating a reduction, maybe you're not.
We'd have to take that on notice, Senator.
Um how many offshore applications have been determined since the ministerial direction was issued in July? Are they still being processed?
So for the so far this program year, Senator, we have processed. We've granted uh some uh we've granted 511 offshore um partner applications and onshore we have granted 5,000 uh 200 sorry 5,321.
All right. Now of course um Ms. Kilner, this direction only came in to effect on the 24th of July. So some of those offshore were they processed before this direction was issued?
Uh some of them will have been processed before the direction, Senator, yes.
Um what happens to those offshore applications that were in the queue were ready to be processed as a result of direction 117. Are they pushed to the back of the queue? Are they pushed behind all onshore applications? What happens?
Well, the Ministerial Direction uh prioritised is onshore over offshore applications. So uh the resources that we have allocated to partner processing is predominantly focused now towards the onshore cohort. So uh offshore applications will see a slowdown while we're working through onshore applications. Does it mean that no onshore offshore applications will be will be uh processed? We uh continuing to process some. There is a capacity for people to uh apply on compelling and compassionate grounds, uh individual circumstances are taken into account. Um cases that are at very advanced stages of processing, we also um have processed as well. So but the vast majority will be um onshore applications uh while the ministerial director is.
So absent compelling and compassionate grounds are absent than being almost at the point of decision making. Um they won't those offshore applications won't be processed until the onshore applications are addressed. Is that is that what the effect of 117?
The effect is that we'll give priority to the onshore cohort over the offshore cohort.
Um and of the 120,000 um partner applications or partner visa applications that are in the system now, how many are offshore and how many are onshore?
Uh it's about 81,000 uh onshore and about 39,000 offshore.
Could I ask you what communications are there now with the 39,000 offshore applications who you know, my office has been contacted by a good many, not only people who are offshore, but Australian citizens, permanent residents here are saying, I will never be able to complete my family. We have no idea. We're not given information about when this is going to happen. You know, the person I love can't come and live here. The the father of our kids, the mum of our kids can't come and complete the family. What are you telling them?
Well, we are advising people have uh opportunity to come uh on visitor visas and still uh be able to visit families through uh while they're waiting for processing to be completed. We work closely with uh stakeholders, including uh the migration industry to get key messages out. We have information on our websites. We work with our community liaison officers to get those key messages out around that there will be delays for the offshore applicants as well, but it doesn't mean that they cannot come to Australia, it just means that their visas are not being finalized at the same pace that the onshore cohort are being finalised.
Minister, what do you say to those thousands of Australians? Um you know there are 39,000 partner applications. Each of those partner applic for offshore, each of those partner applications has an Australian citizen or an Australian permanent resident who who wants to complete their family. Um the person they've fallen in love with isn't in Australia, and they're now being told that there's there's no timeline. There's no horizon on when their application will be processed. No horizon on when your government will allow their family to complete. What do you say to those 39,000 Australian citizens and Australians residents who can't complete their family because of your government's policy?
Well, I think the officials have given you the background to this, the reasons for it, and what I just heard as well was that there are options around applying for visitors' visas. I can't really add anything to what the officials have said.
Was legal advice obtained on whether Direction 117 is consistent with sections 84, 3 and 87 of the act before it was made?
Uh legal advice was obtained before the um for the ministerial directions, yes.
As to it being consistent with sections 84, 3 and 87 of the act, which place those processing obligations?
Senator, um, we wouldn't comment on the content of legal advice.
Well, I'm not asking on the content, I'm asking on whether or not you sought advice to address the process of the process of the process.
All I can say is that we sought we sought advice to make sure that their direction was lawful, and that was the advice that we received.
Thank you. I just wanted to provide a quick update for everyone. Um we are going to go to we're going to pause outcome two. Uh we are due to have the uh special envoys appear. Uh so at 535, we will pause outcome two, go to the special envoy so they can appear. Uh, and then return to outcome two after dinner. Uh sorry, letting you know just in case you want to take an extra long dinner. Um while we have the envoys and the dinner break. Uh but uh we do have another five minutes, which I will hand the call back to Senator Shoebridge to take us to 535.