On borrowed time: Challenging deliberate government delay in visa and citizenship processing

Abstract

Delay is a common feature across the migration system. Rarely accidental, it is used by government as a tool to control migration outcomes, informally cap visa numbers, deter asylum seekers, limit employment options and extend periods of detention. This article charts the role of delay in contexts including character assessments, permanency for skilled workers, family reunion and citizenship. It highlights the secondary purposes that delays often serve, and the outcomes of previous legal challenges. While accountability can be sought through litigation or collective action, ultimately government must stop treating its obligation to process visas within a reasonable time as optional.