Visa Backlog Booms: Will Australia’s Students and Families Face New Barriers?

Current Visa Backlog Challenges

The backlog of partner visa applications is once again growing rapidly, now exceeding 75,000, while the government has only allocated 41,000 places for the 2024-25 period. Under current laws, the government cannot legally allow this backlog to continue unchecked, raising concerns about how this situation will be managed.

Legal Constraints on Partner Visa Caps

The Migration Act prohibits the government from imposing a cap or limit on partner visa allocations. These visas are mandated to be handled on a demand-driven basis. However, past actions have shown that this principle is sometimes difficult to uphold in practice.

During a previous administration, limitations on partner visa places were imposed, leading to a backlog that swelled to over 96,000 applications by June 2020, with fewer than 40,000 places allocated. While efforts were made to address this issue, the backlog was only reduced to 56,000 by June 2022.

Current Developments and Concerns

In 2023-24, over 65,000 new partner visa applications were received. Although the Department of Home Affairs (DHA) slightly increased the number of places allocated for partner visas, it is clear that they are not managing these visas strictly on a demand-driven basis, despite their claims to the contrary.

For the upcoming 2024-25 period, the DHA faces a difficult choice: either continue to slow partner visa processing to stay within the 41,000 allocation, or reallocate places from other visa categories, such as parent visas or the skilled migration stream. Legally, they can only choose the second option, but doing so would significantly affect other areas of the migration program.

Impact on Students and Businesses

Shifting visa allocations away from the skilled migration stream would have considerable implications for the 1.1 million students and former students currently residing in Australia, reducing their opportunities for permanent residency. Additionally, businesses and other stakeholders would likely push back against any reduction in skilled migration, while reducing parent visa places would invite criticism from other sectors.

Political Ramifications

If the government continues to slow down partner visa processing, it is likely to face criticism, potentially from political figures who have previously implemented similar strategies. Current opposition policies propose reducing the migration program further, which could exacerbate the issue and create additional legal challenges.

The question remains whether the government and opposition will address these challenges transparently or consider changing the law to legally manage partner visa allocations—something that has been considered controversial since the late 1980s.

Future Outlook

As the backlog continues to grow, the government may need to explore legal reforms or risk further political and public scrutiny. The balance between managing the visa backlog, maintaining fairness in the migration system, and supporting student and skilled migration opportunities remains a pressing challenge for policymakers.