A former deputy secretary of the Department of Immigration has joined a chorus of criticism over the growing backlog of partner visas awaiting approval by Australia's Department of Home Affairs.
Offshore partner visa applicants are facing waits of around two years to be approved to live with their spouses in Australia.
Some have banded together to launch a parliamentary petition calling for the Federal Government to overhaul its partner visa process to make it more streamlined and transparent.
Abul Rizvi worked for the Department of Immigration managing the migration program from 1995 to 2007 and is now doing a PhD on Australia's immigration policies.
Mr Rizvi said the number of partner visas granted fell sharply in 2017-18 from 47,825 down to 39,799, where it had remained.
"Clearly, the Government has been using administrative tools to limit the number of spouse visas," he said.
"The law clearly stipulates you can't limit the number of partner visas we grant."
The Federal Government sets a limit each financial year on the number of visas it will grant from all visa categories.
Last year it was capped at 160,000.
Under the Migration Act, this cap does not include a limit on the number of visas granted to a spouse, de-facto partner or dependent child of an Australian citizen or permanent resident.
Instead, the Government sets what it calls a planning level for partner visas, which last financial year was 39,799.
Mr Rizvi said the backlog of partner visa applications had reached more than 100,000.
"We now have the biggest backlog of partner applications we've ever had," he said.
"And that really is 100,000 Australian citizens and permanent residents and their families being frustrated by an action of government that, frankly, is clearly unlawful."
Mr Rizvi said he believed that if the Government's partner visa planning level was ever challenged in court, the court would find against the Government.
In a statement, a spokesperson for the Department of Home Affairs said "the partner visa program was not capped".
"Planning levels are set by government in accordance with lawful administrative practices," the spokesperson said.
"The size and composition of the migration program is set each year through the Australian Government's budget process, which is informed by broad public consultations with state and territory governments, business and community groups and the wider public.
"It has been a long-standing practice of successive governments to manage the orderly delivery of migration program outcomes against planning levels."
Documents released under freedom of information legislation by the Department of Home Affairs include letters sent in 2018 and 2019 from the Director of the Family Migration Program Management Section to departmental staff.
One dated June 7, 2018 stated:
"EFFECTIVE IMMEDIATELY there are to be no further grants in the Family stream until such time as the exact delivery position is confirmed and I come back to you with the number of places left available to grant before 30 June 2018."
Another, dated February 6, 2019, stated:
"I write to you following on from my message of 21 January 2019 directing the temporary pause on grants for first stage Partner [redacted].
"As you may be aware, while the 2018-19 Migration Program has 190,000 permanent visa places, [redacted], this is a ceiling, not a target.
"The Government's focus is quality not quantity and the Minister wants to maintain [redacted]. Please note: The temporary pause on grants continues for first stage Partner, [redacted]."
Visa delays separating parents and children
Last year, a high-risk pregnancy sent Melbourne woman Belma Cancar back to Australia from Bosnia and Herzegovina where she had been living with her husband Demir Cancar.
"It was quite risky and I don't think that the medical care in Bosnia and Herzegovina, or anywhere actually, is comparable to the medical care that we can receive in Australia," she said.
"But I never imagined that I would be separated from my husband for this long."
Mr Cancar missed his first child's birth but came to Australia 10 days later once his tourist visa was granted, staying for three weeks before having to return to his home country.
"I've been raising my son for the last eight months alone and it's taken a huge emotional and physical toll on me," Ms Cancar said.
"It's been really, really tough, as a first-time mum there are so many new experiences that you're going through and you wish you had a partner to support you through this."
Ms Cancar said both she and her husband were sad that he was missing their baby's milestones.
"I don't think anything beats the experience of being here to see him smile or laugh for the first time, take his first steps," she said.
Brisbane father of four Shirshore Hirad is raising three of his children alone, while his wife Muna Ismail lives in Malaysia with their youngest child.
The couple married in Somalia in 2012 and planned in 2017 to move to Australia, where Mr Hirad is a citizen.
It has been 26 months since Ms Ismail applied for her partner visa and the separation has been very hard on all the family.
"The kids all the time ask about their mum, even though we work hard to keep the family together through frequent visits back to Kuala Lumpur," he said.
"The youngest nowadays, every time he sees an aeroplane he says 'mum, mum, mum' because in his mind the way to get to mum or for her to come here is an aeroplane, she may be on one of those aeroplanes."
Mr Hirad says the Department of Home Affairs should better communicate with applicants about their progress.
"Not knowing anything at all about the application and that process, not having anyone to talk to — you can't talk directly to anyone who is responsible for your application — it is frustrating to say the least."
NOTE: After the ABC published this story, both Ms Cancar and Mr Hirad were contacted on Friday by immigration officials.
Mr Cancar's provisional partner visa has been granted, while Mr Hirad was told his wife would be granted an ImmiCard to help facilitate her move to Australia.
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