Department of Home Affairs removes 'deprioritise' status for PR unlawful maritime arrival visa sponsors

The Department of Home Affairs (DoHA) has released two new Ministerial Direction orders

Ministerial Direction No. 102 - Order for considering and disposing of Family visa applications under sections 47 and 51 of the Migration Act 1958 (Direction 102), implemented on 9 February 2023, has revoked the earlier Ministerial Direction No. 80, (Direction 80) deprioritising applications in which the sponsor (or proposed sponsor) is someone who is permanent residents (PR) but entered Australia as an unlawful maritime arrival. 

Meanwhile, under Direction 102, the following are the new processing priorities: 

  1. Family migration applications subject to a ministerial intervention; 

  2. Applications by a partner or a dependent child 

  3. Applications by an orphan relative 

  4. Applications by a contributory parent or a contributory aged parent 

  5. Applications by a carer 

  6. Applications by a parent, aged parent, remaining relative or aged-dependent relative. 

Meanwhile, Direction 103, also implemented on 9 February 2023, has revoked the earlier Direction 83, which orders for considering and disposing of visa applications under Section 91 of the Migration Act. 

Although no major changes from the earlier direction, Direction 103 inserted a mention of Direction 102, which orders delegates to process applications for Family visas in the order in which they are received and disregard any deprioritisation by the Department. 

 

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