Get all your news in one place.
100’s of premium titles.
One app.
Start reading
ABC News
ABC News
National

Thousands of asylum seekers left out of federal government visa decision for boat arrivals

Reza Haidari says his future remains uncertain following the federal government's policy change.    (ABC News: Housnia Shams)

It has been an emotional week for asylum seeker Reza Haidari, who has been excluded from a federal government decision allowing 19,000 refugees to apply for permanent visas.

Mr Haidari arrived in Australia by boat in 2012 after fleeing the war in Afghanistan, and currently resides in Sydney's north west. 

He has been on a bridging visa for 11 years, which restricted his rights to travel and sponsor his family. 

"I was happy for my friends (on Temporary Protection Visas), but for me nothing has changed," he said.

"I'm here living in limbo."

The policy change applies to people who hold a Temporary Protection Visa or Safe Haven Enterprise Visa, and arrived in Australia before Operation Sovereign Borders began in 2013. 

They will be eligible for social security payments, higher education assistance as well as family sponsorship.

Advocates have welcomed the decision as a step in the right direction, but say it fails to provide a solution for about 12,000 asylum seekers from the "legacy caseload" of boat arrivals who have been on bridging visas for more than a decade. 

Many of them like Mr Haidari had their claims for protection rejected under the controversial "fast track" assessment process, introduced in 2014. 

Sarah Dale, principal solicitor at the Refugee and Casework Service, described the process as "arbitrary". 

Sarah Dale criticised the fast-track refugee assessment process.  (ABC News: Housnia Shams)

"The Albanese government themselves have called this system out for the many injustices that people found within (it)," she said.

"People have been stuck in a very flawed system for the past 10 years...which is why we have quite a significant proportion of this community that found themselves refused.

"A number of them were people from Afghanistan...Iran, that we now know, very clearly cannot return to those countries."

As a member of the ethnic Hazara minority persecuted by the Taliban, Mr Haidari feared he would be sent back to Afghanistan. 

He was also concerned about the safety of his wife and son, who remain in the country. 

"My son was seven-years-old the last time I saw him...now he is 18," he said. 

"It's a very terrible situation. 

"The country has never been safe." 

People who have had their claims for protection rejected can request the minister to intervene if they have new and credible grounds. 

But Ms Dale said the chances of success are slim. 

"Traditionally ministerial intervention has been sporadic," she said. 

"We hope to see pragmatic change in this area and a recognition that many that were refused by this flawed system need protection in Australia." 

The Department of Home Affairs said people who have "exhausted all avenues" to remain in Australia are expected to leave the country "voluntarily". 

People who tried to reach the country by boat after 2014 are also excluded from the change in law, including those who were transferred to Australia for medical treatment.

John Minns, Australian National University emeritus professor in politics and international relations, said he was concerned for the cohort of about 1,200 people, known as the "transitory persons" group. 

"Home affairs and immigration have been pretty clear that (this group) are not going to be given permanency," he said. 

"That's quite outrageous. 

"They clearly can't be sent back to their home countries and there aren't enough third country options open."

Kethan Sabarathnam is relieved he's eligible for permanency but is worried about his friends on bridging visas.    (ABC News: Housnia Shams)

Tamil refugee Kethan Sabarathnam was only seven years old when he fled Sri Lanka with his mother and boarded a rickety boat to Australia. 

Eleven years later, memories of the treacherous journey linger in his mind. 

"We were stuck in sea for a very long time," he said. 

"We struggled and faced a lot of problems. 

"Some people died when we were coming." 

The 18-year-old resided in regional Queensland for several years before moving to Sydney's west. 

He has been on a temporary protection visa for more than a decade, which meant he was not eligible for a student loan, despite receiving a university offer to study biomedical science when he graduated high school. 

"Due to the (temporary) visa, I was considered an international student, so they wanted me to pay $95,000 (for the degree)," he said. 

"My mother is a single parent...I wasn't able to pay the fees.

"It was completely heartbreaking." 

Kethan Sabarathnam and his mother Ketha said the decision ends years in visa limbo.  (ABC News: Housnia Shams)

For Mr Sabarathnam, the federal government's policy change marked the end of 11 years in visa limbo.

He said the decision would allow him to go to university to study software engineering, without paying hefty international fees.

“I'll finally be able to apply for a HECS (loan),” he said.

“I can finally stay here, live peacefully and study.”

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.