Hi Everyone, I’ve posted about me and my wife’s situation here before, and think the time has come to sue Peter Dutton and the Home Affairs department directly:
But TLDR:
I'm a 5th generation Australian who was forced to move to NZ with my wife (now pregnant due in July) of 3 years due to the ridiculously long, and costly partner visa processing times that were deliberately imposed by Dutton and Morrion. Why is their a backlog of 80,000 partner visas needed to be processed? My rights as an Australian citizen are below that of skilled migrants and their families simply because big business always get their way with this government. If I could renounce my Australian citizenship, and apply for a skilled visa (I'm an Actuary) my wife and family would be in Australia in less than a month. I’m stuck in NZ for at least another year due to the processing times and my handicap of being born in Australia.
By desire to sue them is due to the fact that the Home Affairs department is not complying with the Migration Act with respect to Spouse Visas for Australian citizens. Abul Rizvi, who the media consults for immigration issues (was on ABC the drum recently, former immigration deputy secretary, writes for SMH on immigration issues) has described this issue as the biggest scandal currently engulfing the home affairs department:
However, section 87 of the migration act clearly states that Partner visas are demand driven, with the legislation explicitly stating that visas cannot be capped for spouses of Australian citizens:
MIGRATION ACT 1958 - SECT 87