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

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.

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Publication Details

Journal
Alternative Law Journal
Published
2025-05-06
DOI
https://doi.org/10.1177/1037969x251339208
Primary Topic
Migration and Labor Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

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

L John, Josephine Langbien
Alternative Law Journal
Migration and Labor Dynamics
article

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

L John, Josephine Langbien
article en

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.

Alternative Law JournalVol. 50(2)
Australian Human Rights Commission (AU)
Openalex Percentile: Top 87%
Migration and Labor Dynamics
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