Australia's Plan to Delay Family Reunions May Violate Human Rights

It is Wednesday, 5 August 2026, at 3:16 pm.

Experts have different opinions about Tony Burke's plan to control the number of migrants coming to Australia.

In short:

Experts are divided on the government's plan to control migration numbers, warning that the details are important.

Home Affairs Minister Tony Burke postponed a press club appearance because some details were not finalized.

What's next?

Cabinet member Chris Bowen said the family reunion program is very important, especially in his area of Western Sydney.

Labor's plan to control migration numbers could be stopped by the High Court or have unintended consequences if not designed well.

Home Affairs Minister Tony Burke is making big changes to visa rules, which were highlighted when he canceled a launch at the National Press Club.

Cabinet sources said the package is almost complete, but some details are not ready, and the speech will be delivered soon.

Mr. Burke wants to have more power to decide the number of migrants coming to Australia each year.

The common way to measure this is net migration, which tracks arrivals and departures of Australians and migrants.

The ABC knows that cuts to migration numbers are controversial within Labor, but no reason for the delay is given.

The government controls the number of permanent visas it issues each year, but it has little influence over temporary visas.

Net migration was over half a million in 2023 and has continued to be higher than expected, with sources saying Mr. Burke wants to meet the 2027-28 target of 225,000.

Among the expected measures are a crackdown on asylum seeker work and appeal rights, limits on backpackers, and a ban on visitors applying for family visas.

On Wednesday, Energy Minister Chris Bowen said the family reunification visa scheme is very important for Australia.

Bringing parents to Australia, for example, brings loved ones who contribute a lot.

Every program needs to ensure compliance, but the family reunion program is important and successful.

Chris Bowen says the family reunification scheme is very important.

Partner visas are a human rights issue.

Changes to family visa rules will be contentious due to long wait times for those seeking to reunite with Australian partners.

Under the Migration Act, eligible partners and dependent children must be given permanent family visas, but approval can take a long time.

Many partners and children come to Australia on visitor visas and apply for family visas, then get bridging visas and can work and access Medicare.

The federal budget shows the government expects more migrants to arrive than previously thought, despite a campaign to slash migration rates.

Mr. Burke plans to impose new conditions to reduce net migration by requiring spouses and children to stay overseas until approved.

Last week, Mr. Burke moved to deprioritize family visa applications from offshore, which could make partners and children wait longer.

The latest departmental figures show nearly 400,000 people on bridging visas, a record figure, with family visa applications being a factor.

Migration experts agree the figure is too high, but are divided on whether targeting family visa applicants is the right way to reduce it.

Peter van Vliet said this is a human rights issue.

If an Australian citizen meets someone overseas and applies for a partner visa, they could wait five years.

The impact of partner visa applicants on net migration is low, and they should be excluded from this policy.

Abul Rizvi says the changes would create more legal risk for the government.

Former senior immigration official Abul Rizvi believes the government is already acting illegally by making partner applicants wait years.

The government says they manage partner visas on a demand-driven basis, but this is not true, and a class action would be successful.

Section 85 of the Migration Act allows the minister to set limits on permanent visas, but Section 87 clarifies this should not stop partners or dependents.

A court challenge would depend on whether the government can delay visa approval indefinitely without breaching Section 87.

Michael Pezzullo said he does not believe this is a legal risk.

The High Court would not become administrative managers, and what is a reasonable time for granting visas?

Michael Pezzullo says closing the bridging visa loophole for families is a good idea.

Mr. Pezzullo said it is a good idea to close the bridging visa loophole for families.

His view is that people should come on a short-term visa for family bonding, but then go home to transition to another visa.

Andrew McKellar from the Australian Chamber of Commerce and Industry said the government should proceed with caution.

Constrained family reunions would make Australia less attractive to skilled migrants.

A move like that would curtail the objectives of Australia's broader migration program.

There is a risk of unintended consequences from the humanitarian crackdown.

Another contentious move is a crackdown on humanitarian visa applicants' rights to appeal and work.

The motive is to reduce the number of people on bridging visas, which affects net migration figures.

The concern is people making false claims for asylum to prolong their stay.

Mr. Pezzullo acknowledged the issue but said the success of any crackdown depends on its design.

The Home Affairs minister has de-prioritized overseas skilled workers to reduce net overseas migration.

You have a risk of driving people into underground employment, so be careful.

Mr. Van Vliet said the government has a problem with many people on bridging visas who applied for humanitarian visas and were rejected.

Mr. Rizvi is broadly supportive of the government's aspiration to achieve a set level of net migration.

The approach to managing net overseas migration should be like the Reserve Bank managing inflation.

At the moment, there isn't a plan, and the minister needs to explain a long-term plan to the Australian public.

A spokesperson for the minister said the speech would cover the migration system as a whole.

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