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Thursday, 17 February 2000
Page: 13876


Mr Albanese asked the Minister for Immigration and Multicultural Affairs, upon notice, on 23 November 1999:

(1) As of 22 November 1999, how many applicants for the visa subclass (a) 103 and (b) 804 had been given a queue date.

(2) As of the 22 November 1999, how many applicants for the visa subclass (a) 103 and (b) 804 were still being processed and had not yet been given a queue date.

(3) In the 12 months from 22 November 1998 to 22 November 1999, (a) how many applicants for visa subclass 309 or 100 have been refused under section 501(2) of the Migration Act as it applied prior to 1 June 1999, or section 501(1) having not passed the Character Test as a result of paragraph 501(6)(c) of the Migration Act after 1 June 1999, and (b) what is the breakdown of numbers for each overseas post.

(4) Of the applicants refused 309 or 100 visas under these particular provisions of the Migration Act in the 12 months from 22 November 1998 to 22 November 1999, how many had (a) previously unsuccessfully applied for Onshore Protection Visas, (b) lodged appeals through the Administrative Appeals Tribunal, (c) been convicted of a criminal offence in Australia and (d) been convicted of a criminal offence in Australia relating to their application for an Onshore Protection Visa.

(5) Has he or his Department given any directions to overseas posts regarding the interpretation of these particular provisions of the Migration Act when assessing spouse visa applications; if so, what were the directions given.


Mr Ruddock (Minister for Immigration and Multicultural Affairs and Minister Assisting the Prime Minister for Reconciliation) —The answer to the honourable member's question is as follows:

(1) As of 22 November 1999 there were 3,619 offshore parent (103) applicants and approximately 386 onshore aged parent (804) applicants who had been given a queue date.

(2) As of 22 November 1999 there were 11,567 parent (103) applicants that were still being processed and had not yet received a queue date.

Due to some temporary difficulties with the new onshore reporting system (which are currently being resolved), I am advised that a precise count of the number of onshore parent subclass (804) applications on hand is not available. An estimate is that the number as at 22 November would be slightly higher than the 3,462 aged parent (804) applicants who were still being processed and had not received a queue date as at the end of June 1999.

(3) (a) In the 12 months from 22 November 1998 to 22 November 1999, the number of applications refused for visa subclasses 309 or 100 under the sections of the Act identified in the question was 27. (b) The breakdown of this number by overseas post is in the table below.

POST

Applications for visa subclasses 309 or 100 refused under subsection 501(2) of the Migration Act as it applied prior to 1 June 1999, or s501(1) having not passed the Character Test as a result of paragraph 501(6)(c) of the Migration Act after 1 June 1999

Ankara

0

Athens

0

Auckland

2

Bangkok

2

Beijing

0

Beirut

1

Belgrade

0

Berlin/Bonn

0

Cairo

0

Colombo

0

Guangzhou

0

Ho Chi Minh City

1

Hong Kong

0

Islamabad

0

Jakarta

0

Kuala Lumpur

0

London

2

Los Angeles

0

Manchester

0

Manila

17

Moscow

0

Mumbai

0

Nairobi

0

New Delhi

0

Ottawa

0

Paris

1

Phnom Penh

0

Port Moresby

0

Pretoria

0

Santiago

0

Seoul

0

Shanghai

0

Singapore

0

Suva

1

Tokyo

0

Vienna

0

Warsaw

0

Washington

0

(4) Of the applicants refused 309 or 100 visas under the particular provisions of the Migration Act in the 12 months from 22 November 1998 to 22 November 1999:

(a) 18 had previously applied unsuccessfully for Onshore Protection Visas;

(b) two had lodged appeals through the Administrative Appeals Tribunal;

(c) one had been convicted of a criminal offence in Australia; and

(d) none had been convicted of a criminal offence in Australia relating to their application for an Onshore Protection Visa.

The answers to question 4 are as advised by overseas posts.

(5) The directions that have been given to overseas posts regarding the interpretation of subsection 501(2) are;

(a) Ministerial Direction No. 5: General Direction under Section 499-Visa Refusal under Section 501 [issued on 25 November 1997]

Ministerial Direction No 17: Direction under Section 499-Visa Refusal and Cancellation under Section 501 of the Migration Act 1958 [issued on 16 June 1999].

The following Departmental policy instructions have also been issued:

(b) Migration Series Instruction 164: The Character Requirement. [Issued 22 April 1997]

(c) Migration Series Instruction 245: The Character Requirement: Visa Refusal and Cancellation under Section 501. [Issued 2 July 1999]

Migration Series Instruction 254: The Character Requirement: Visa Refusal and Cancellation under Section 501. [Issued 20 September 1999]