Commonwealth and Immigration Ombudsman Professor John McMillan today warned that Department of Immigration and Citizenship (DIAC) processing delays and inconsistencies in dealing with invalid visa applications could have serious consequences for the immigration status of applicants.

Between 1 July 2006 and 30 June 2008 DIAC assessed as invalid 16,547 visa applications, but the timeliness and adequacy of advice given to applicants about their invalid visa applications varied.

‘An assessment that a visa application is invalid is not a decision to refuse a visa,’ Professor McMillan said. ‘It simply means that an application is deficient in some way—perhaps the supporting paperwork is incomplete or the application fee has not been paid, for example—and a new application needs to be lodged.

‘Regardless of the complexity of the deficiency, anyone who submits an invalid visa application should be given advice in a timely manner about the reasons their application is invalid and the consequential effects on their immigration status. For example, onshore applicants may be at risk of becoming unlawful or having their visa options severely limited.’

During the period investigated by the Ombudsman, DIAC took an average of 38 days to assess a visa application as invalid. The time varied from less than a day to more than two years.

‘Visa applications from 216 individuals who were onshore and lawful at the time of lodging their applications were recorded by DIAC as being onshore and unlawful when their applications were later assessed as invalid,’ Professor McMillan said.

‘In other words, their status changed during the period between lodging their application and its assessment as invalid.’

The Ombudsman made several recommendations to DIAC on managing visa applications consistently, fairly, reasonably and in a timely manner, including:

• improving the clarity of policies and guidelines provided to officers who deal with invalid visa applications and providing training to them
• addressing delays in assessing invalidity
• advising visa applicants about why their applications are invalid
• improving record keeping, especially of oral advice, and policies on visa application fee payments.

Professor McMillan noted that DIAC accepted his recommendations without exception.

Download the report: Department of Immigration and Citizenship: Invalid visa applications.

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Date of release: 28 July 2009