6.1
The debate over immigration has too often presented family reunion as a balance between social, economic, and humanitarian interests. In the committee's view, however, fair and effective migration policies need not trade these interests off against one another. Migration brings much-needed stability and growth to our economy, and will prove essential to our post-pandemic recovery in the years ahead.
6.2
Immigration cannot be reduced to its economic value alone—substantial though this is. In the committee's view, the value of immigration must be seen in its broad contribution to Australia's economy, society, culture, and more. It has defined who we are as a nation—and will continue to do so into the future.
6.3
The COVID-19 pandemic has resulted in significant social disruption, particularly due to travel restrictions. For visa holders and applicants, as well as Australians with family and loved ones abroad, this has been a period of substantial distress and hardship.
6.4
However, the pandemic also offers the chance for Australia to re-examine its immigration policies and procedures, with a view to ensuring that the visa settings and processes associated with the visa system are fit-for-purpose and best serve the needs of Australia in the present and into the future. As this inquiry has highlighted, there are issues within the family and partner visas system that require rethinking and reform.
The current operation of the family and partner migration scheme
6.5
In the committee's view, family reunion is an essential component of a successful visa program. Family reunion helps ensure those who come to Australia are better able to contribute, participate, and integrate. It reduces the costs of settlement, shortens the time it takes for individuals to settle successfully, and magnifies their social, cultural, and economic contributions. Having family around also increases the chance that primary visa applicants will remain in Australia and continue to contribute in a myriad of ways.
6.6
Family members also make significant contributions themselves. They provide family support that enhances the contributions of primary visa holders, such as childcare and emotional support. Many have much-needed skills and may start a business, volunteer, and support the communities in which they choose to live. And in the committee's view, families are critical to ensuring positive settlement outcomes in rural and regional areas—areas which stand to benefit enormously from an effective and efficient immigration program.
6.7
The committee heard deeply concerning evidence about individuals' experiences within the family stream of the migration program. Inquiry participants explained that the process is expensive, opaque, lengthy, and particularly difficult for the most vulnerable sectors of the migrant population to navigate. More must be done to ensure that the visa application process is efficient, transparent and equitable whilst also serving the policy priorities of the Australian government.
6.8
The committee understands that the policy priorities that inform the migration program are a matter for the government of the day and are necessarily subject to change. The committee also understands that processing times will vary as a result of a government prioritising one stream of the migration program over another. However, where there is scope for improvement in the administration and operation of the migration program, such steps must be taken to mitigate the serious concerns raised by family and partner visa applicants in this inquiry and to maintain the overall integrity and efficacy of the migration program.
Visa processing
6.9
The committee has heard that the IT systems currently used by the Department of Home Affairs are a significant impediment to the efficient operation of the migration program. Evidence provided explained that the core processing systems currently used by the department are approximately 30 years old and are not well geared for what would be accepted standards of modern service delivery.
6.10
At the very least, Australia's visa processing program should be properly resourced and supported by technology is effective and fit for purpose. The IT underpinning Australia's visa program must be strengthened to improve access and usability while reducing complexity and increasing transparency. These systems should limit touchpoints, enhance convenience in term of lodging documents, and assist applicants by ensuring the correct information is provided in the first instance and in the correct format. Where there is some discrepancy in the information provided, improvements should be made to support greater communication between applicants and decision makers.
6.11
The committee recognises that improvements to IT systems will not resolve all of the concerns identified in evidence to this inquiry. For example, improvements to technology may do little to assist migrants who cannot produce the requisite evidentiary documentation as the documents may have been destroyed or cannot be obtained safely.
6.12
The committee also emphasises the need for human decision-makers to remain at the forefront of determining the outcomes of visa applications. Given the complexity inherent in visa applications, it is paramount that human decision-makers are the ultimate arbiters of visa applications, as a fully automated system would be unwieldy, inappropriate and unable to recognise the nuances of applicants' personal circumstances.
6.13
Furthermore, the lack of transparency in the application process was highlighted as a significant issue for applicants, particularly in relation to wait times and status updates on applications. The committee believes that improvements in technological capabilities could go some way to remedying this issue. To this end, a function that provides information about the status of a visa application—such as an estimated waiting time—should be available to applicants.
6.14
In particular, more needs to be done to ensure that applicants for the Non-Contributory Parent and Remaining Relative visas, for which the waiting periods are 50 years, are made aware of the lengthy waiting time before parting with the substantial cost of the application fee. A function should be included within the new system to highlight the anticipated wait time for a visa, ensuring that applicants are fully aware of this before they lodge their application and pay associated fees.
6.15
The committee recommends that, as a matter of urgency, the Department of Home Affairs develops a long-term strategy to update its system for the processing of visas; to improve its efficiency, to reduce its complexities, reduce waiting times substantially, and to provide greater transparency for applicants.
6.16
An important element of this overhaul would be a modernised and fit-for-purpose IT system for the processing of visas. This system should include visa application forms that are sufficiently flexible to cater for the complex personal circumstances of applicants, as well as providing a warning to visa applicants regarding the anticipated wait times before they lodge their application and pay associated fees.
6.17
A new IT system ought to include an online portal where, subsequent to lodging the initial application, visa applicants can:
check the status of their application, including the estimated wait time;
receive updates on their application, including any developments or requests for further information;
upload additional documents and supporting information that has been collected since the initial application; and
withdraw their application(s) and lodge requests for fee refunds where applicable.
6.18
This strategy would also present viable and plausible options for reducing the presently unfair waiting times most visa applicants face.
6.19
The committee recommends that the Australian government appropriately resources the Department of Home Affairs to undertake, urgently, the development of the strategy and its timely implementation, as outlined in Recommendation 1.
6.20
The impact of the COVID-19 pandemic is significant and ongoing. The committee recognises that resourcing will be focused on restarting full-scale migration after travel restrictions are lifted fully. However, the committee believes that resolving at least some of the issues raised in evidence to this inquiry would result in improved outcomes for all stakeholders in the Family and Partner stream, as well as Australia in general, which continues to benefit from the positive contributions of migrants and their families.
6.21
Australia must ensure it has a modern, fit-for-purpose visa processing system that respects applicants and reflects the value that migrants have brought to Australia historically and in the present, as well as the contributions that they will continue to make into the future. Should the Department of Home Affairs be appropriately resourced to create a modernised and efficient visa processing system, substantial long-term financial cost to the Australian government could be avoided and the substantial health and financial costs that visa applicants, their partners and families currently experience could be mitigated.
Senator the Hon Kim Carr
Chair