The Minister for Home Affairs can issue directions about how the Department of Home Affairs carries out its work.
As of 24 July, a new Ministerial Direction 117 changes the order in which some family visa applications are processed. It applies to applications already lodged and new applications.
Direction 117 gives higher priority to certain applications made by people who are in Australia.
The new Direction first orders family stream visas according to where the visa applicant is and where they have to be when the visa is granted:
If the applicant is in Australia but the visa must be granted while they’re outside Australia – also lower priority.
Visa Types:
When looking at all the visa applications in the Onshore and Offshore groups, the Direction says they should then be processed in this order:
- Family visa applications that have come about because the Minister has intervened after the person received a negative Tribunal decision.
- Partner, Prospective Marriage and Child visas.
- Orphan Relative visas.
- Contributory Parent and Contributory Aged Parent visas.
- Carer visas.
- Parent, Aged Parent, Remaining Relative and Aged Dependent Relative visas.
Direction 117 is likely to have a negative impact on people from refugee backgrounds.
It may take longer for some people to reunite with family members who are overseas.
People from refugee backgrounds, or from countries that produce refugees, can find it difficult to get a temporary visa to Australia. This can make it harder for them to benefit from the higher priority given to applications made in Australia.
This is particularly concerning because family members overseas may be living in dangerous or uncertain situations.
The Direction allows some applications to be given priority when there are ‘special circumstances of a compassionate nature’. Each case is considered on its own circumstances.
Applicants or sponsors can get advice from a lawyer or registered migration agent with experience in this area. They can advise whether asking for priority may be appropriate in their case.
The Minister can also change the Direction. People who believe refugees and other migrants in vulnerable situations should have the right to reunite with their families can raise their concerns with the government.
The Direction could be changed to give priority where the sponsor holds a protection or humanitarian visa. Priority could also be given where the visa applicant is living in dangerous or uncertain conditions.
