While non Contributory Parent visa applications have been subject to a formal queuing system for many years this hasn’t been the case with Contributory Parent visa applications – until now.
A high level of demand for family visas creates a need for the Australian Government to ” … manage the consideration and disposal of applications for these visas in an orderly fashion.”
The Government seeks to achieve this in the form of Ministerial Directions, and specifically MD Numbers 80 and 83.
MD Number 80 discusses the processing of family visas generally.
MD Number 83 discusses the processing of family visas that are subject to the formal capping of visa numbers each year – most notably applications for parent visas.
In particular MD Number 83 says:
Except for Other Family visa applications and Pathway visa applications the order of precedence for Family visa applications is:
(a) those applications where the Minister has exercised powers of intervention under sections 351 or 417 of the Act in the order that those powers have been exercised; then
(b) all other applications in queue date order, commencing with the application with the earliest queue date, to the extent that it is reasonably practicable to assess applications in that order.
Paragraph (b) provides the requirement for a consideration of the queue date of a visa application.
The MD also defines queue date:
queue date means the date on which the applicant is assessed by a delegate as meeting all of the prescribed criteria for the visa, other than the following:
…
(c) for Onshore Parent visas (Subclass 804) and Contributory Parent visas (Subclass 864 and 884), the applicant’s payment of the second instalment of the visa application charge and, where applicable, assurance of support requirements;
(d) for Parent visas (Subclass 103) and Contributory Parent visas (Subclass 143 and 173), the applicant’s health and character requirements, payment of the second instalment of the visa application charge and, where applicable, assurance of support requirements.
We understand that the Department has now commenced an assessment of Contributory Parent visa applications with a lodgement date up to (but not including) June 2018.
Requests from delegates at the PVC may therefore be forthcoming for onshore subclass 864 and 884 visa applicants to undertake medical examinations and to provide police clearance certificates.
Requests for medicals and police clearances should not be received by offshore subclass 143 and 173 visa applicants at the queuing stage of the visa application.
Going forwards the queue date – rather than the visa application date – will be the factor that determines when the visa application is processed.
