The department says that on 13 December 2013 its Colombo office received a valid Partner (Subclass 309) visa application for Mrs CN. Mr CM claims that this application was submitted on 4 December 2013. Nothing turns on the difference between these dates. On 19 December 2013, the Hon Scott Morrison MP, then Minister for Immigration and Border Protection, gave a direction under s 499 of the Migration Act referred to as Direction 62 order for considering and disposing – of Family Stream visa applications (Direction 62). Direction 62 relevantly provides: Revocation Direction 43, given under section 499 of the Act and dated 18 July 2009 is revoked. Application (1) This Direction applies to delegates who consider valid applications for Family Stream visas under section 47 of the Act, and perform functions or exercise powers under subsection 51(1) of the Act to consider and dispose of applications for Family Stream visas, including in respect of matters remitted from the Migration Review Tribunal and the Administrative Appeals Tribunal. … Preamble High levels of demand for Family Stream visas have created a need to manage the consideration and disposal of applications for these visas in an orderly fashion. … Interpretation … In this Direction: … Illegal Maritime Arrival has the same meaning as maritime in section 5AA of the Act. ‘unauthorised arrival’ … Order for considering and disposing of Family Stream visa applications (1) Paragraphs (a) to (g) set out the order of priority for considering and disposing of Family Stream visa applications, with paragraph (a) being the highest priority and paragraph (g) being the lowest priority. … (g) Applications in which the sponsor (or applicant’s proposed sponsor) is a person who entered Australia as an Illegal Maritime Arrival and holds a permanent visa. …
The department says that on 13 December 2013 its Colombo office received a valid Partner (Subclass 309) visa application for Mrs CN. Mr CM claims that this application was submitted on 4 December 2013. Nothing turns on the difference between these dates. On 19 December 2013, the Hon Scott Morrison MP, then Minister for Immigration and Border Protection, gave a direction under s 499 of the Migration Act referred to as Direction 62 – order for considering and disposing of Family Stream visa applications (Direction 62). Direction 62 relevantly provides: Revocation Direction 43, given under section 499 of the Act and dated 18 July 2009 is revoked. Application (1) This Direction applies to delegates who consider valid applications for Family Stream visas under section 47 of the Act, and perform functions or exercise powers under subsection 51(1) of the Act to consider and dispose of applications for Family Stream visas, including in respect of matters remitted from the Migration Review Tribunal and the Administrative Appeals Tribunal. … Preamble High levels of demand for Family Stream visas have created a need to manage the consideration and disposal of applications for these visas in an orderly fashion. … Interpretation … In this Direction: … Illegal Maritime Arrival has the same meaning as ‘unauthorised maritime arrival’ in section 5AA of the Act. … Order for considering and disposing of Family Stream visa applications (1) Paragraphs (a) to (g) set out the order of priority for considering and disposing of Family Stream visa applications, with paragraph (a) being the highest priority and paragraph (g) being the lowest priority. … (g) Applications in which the applicant’s sponsor (or proposed sponsor) is a person who entered Australia as an Illegal Maritime Arrival and holds a permanent visa. …
2015_AusHRC_99.docx