The wait is a terrible situation, however focus on the positives. Immigration processing policy is not likely to change over night or within the time period of your application. That said, I have felt your pain as an 820 sponsor and done so with a child on the way. The emotional stress and uncertainty is very difficult to deal with. Being part of this community and seeing that everyone is in the same boat and is navigating the same rocky seas – does indeed help. Hang in there!
The power for a case officer to determine your case is worthy of priority processing requires assessment under Ministerial Direction 102. It is important to note that the case officer’s power to deviate or rather depart from the normal priority settings must be driven by “special circumstances” of a “compassionate nature” and there are “compelling reasons” to apply priority processing – based on the circumstances of the application. This is the measure set out in Ministerial Direction 102, Section 9. Departmental policy has subsequently set in place a framework by which Delegates assess the merits of all requests for priority processing.
Under policy, Assessment of Priority Processing can be initiated by:
a. The case officer, without request
b. By the applicant or their representative or
c. By a letter of support from a member of parliament or from community organisation supporting the “special circumstances”, “compassionate nature” and “compelling reasons” in the present application.
As the term “Compassionate” and “Compelling” are not explicitly defined in Migration Law there is potential scope for the presentation of many valid arguments. In policy “compassionate circumstances” are met in circumstances where a spousal or de facto relationship that was greater than 3 years or 2 years if there is a child to the relationship (at the time of application). In policy, it quotes the following other examples of “compassionate circumstances:
· The sponsor or a person the sponsor cares for has a serious or terminal illness
· Member of Lesbian, Gay, Bisexual, Transgender, Queer or Intersex (LGBTQI) couples that live in a country where same sex relationships are not recognised
· A mistake or incorrect advice given by the Department that resulted in an unfair or unreasonable outcome for the applicant or sponsor.
· Applicant resides in a country where there was an international emergency where Australia was/is involved or party to. (war, civil unrest etc)
· Some special individual circumstances arising due to natural disasters that place the applicant at risk.
· Applicant claims domestic violence
· The sponsor has claimed to be affected by domestic violence perpetrated by the applicant.
· “The applicant(s)’ medicals will expire and cannot be extended (where the Department has requested);”
· Dependent applicant that will exceed the 23 year old age limit (309 visa) and have made an application at least 12 months prior – where exceeding the age limit will result in hardship due to the separation of the family.
· 449 Humanitarian Visa Holders whose 449 visa will likely expire before the partner visa is decided.
(Note the above is a shortened summary, primary sources are provided at the end of this post. Refer to the primary sources for full details)
Once compassionate reasons have been determined, one must also meet the threshold for “Compelling reasons”. The compelling reasons are vast, however in policy we are provided with explicit examples of what is not “Compelling reasons”. A few examples of what is not compelling reasons in policy are:
· Financial hardship
· Intent to start a family
· Pregnancy
· Pain and suffering of separation in of itself
· Employment*
· Travel
· Pre-arranged wedding plans
· Passport expiring
(Note the above is a shortened summary, primary sources are provided at the end of this post. Refer to the primary sources for full details)
You must have a decision ready application to be considered for priority processing. You should prepare a submission to argue your case and provide supporting evidence. You can make the application for partner visa priority processing by following this link:
Reach out if you would like a free comprehensive assessment of your situation.
Hang in there, this community is here to support you!!
Sources: Policy quoted/summarised above is sourced from Document Released under FIO “Guidelines for prioritising partner visa applications on compassionate and compelling grounds”- location: www.homeaffairs.gov.au/foi/files/2025/fa-250500464-document-released.PDF & from “Factsheet: Partner Visas – Requests for Priority Processing” located at https://immi.homeaffairs.gov.au/Visa-subsite/files/factsheet-partner-visas-requests-for-priority-processing.pdf