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March 1, 2011 – The Commonwealth Ombudsman advised the Department of Immigration and Citizenship to follow appropriate processes when challenging a Court or tribunal decision that follow a case in which its refusal to grant a partner visa to a woman was overturned. This may also include the strict compliance on following the Australian visa requirements and the process for other visa types such as Australia visitor visa, travel visas to Australia, work visa for Australia
Ombudsman Allan Asher labeled DIAC’s refusal to grant the visa has been recognized to be a difficult case. It has been a flawed decision despite of a ruling of the Migration Review Tribunal. It is reported that DIAC’s request to the Tribunal to reconsider its own decision was opposite to the established system of review and was inappropriate in the circumstances.
The department was warned to follow processes and had the opportunity to apply for judicial review of the Tribunal’s decision but failed to challenge it within the required timeframe. However, the Tribunal declined that said request of the department.
The said case will continue for another 18 months before the woman was finally granted a provisional partner visa last May. Then after two days, DIAC made a contrary decision and refuse a permanent partner visa. This action may concern to an attempt to avoid a Tribunal decision that DIAC disagreed with. The reason was the woman had not yet entered the country so she could not seek a review of the refusal but her partner could and he complained to the Ombudsman.
Mr. Asher explained that the office recognizes the complexities and difficulties that involved in assessing visa applications. Its main concern is of the DIAC Staff about maintaining the integrity of the visa program. Furthermore, the said case suggests that further action may be needed to ensure that difficult cases like this are actively managed. He also added that partner visas are the type of Australian visa that allow a person to enter or remain in the country with their partner. It is eligible for a married or de facto relationship and if the partner was an Australian citizen or permanent resident.

Source:
psnews.com.au