'Enough is enough': Asylum seekers still in limbo plead for pathway to permanency

Labor last month provided a pathway for 19,000 people on temporary visas in Australia. But 12,000 others, whose futures remain less clear, have gone to Canberra seeking a resolution.

Protesters demanding permanent visas for refugees rally outside Parliament House in Canberra on Monday. Source: AAP / Lukas Coch

Key Points

• Hundreds of asylum seekers have protested in Canberra.
• Last month, Labor announced 19,000 people on temporary visas will have a pathway to permanency.
• Questions remain over the future of another 12,000 rejected by the 'fast-track' scheme.

Hundreds of asylum seekers have descended upon Canberra to demand a resolution to their refugee status, a month after the government announced major changes to temporary protection visas.

The government in February announced 19,000 people living in Australia on temporary protection visas (TPVs) or safe haven enterprise visas (SHEVs) would be allowed to stay in Australia, provided they arrived before September 2013, when Operation Sovereign Borders came into effect.

While the decision represented an immediate pathway to permanency for those people – whose refugee status has been confirmed – the future is less clear for roughly 12,000 others, who have not been found to be owed protection under the former Coalition's so-called "fast-track" scheme.

Iranian asylum seeker Hussein al Sadani was among the protesters gathered before Parliament House on Monday, and has demanded the fast-track scheme be abolished.

Iranian asylum seeker Ebrahim Asadolahzadeh says he handed out pamphlets for the Labor Party before the May election, but says 'I cannot handle any more of this'. Credit: SBS News / Sara Tomevska

“The whole process has been unjust, specifically the fast-track process that we all fell under,” he said.

“Some people had one half-hour interview…how could you determine if someone's a legitimate refugee within half an hour?”

Fellow Iranian asylum seeker Ebrahim Asadolahzadeh told SBS News he arrived in Australia in 2013 and has not seen his mother, son, or wife, for a decade.

“Labor promised us ‘we are the good guys, when we come to power, we will help you.’ I even handed out pamphlets for them at the last election,” he said.

“[For] 10 years I haven’t seen my son, my mother … I keep telling them next year, next year. Enough is enough, I cannot handle more of this.”

Some of the protesters outside Parliament House on Monday. Source: AAP / Lukas Coch

When asked about the fate of this cohort last month, Immigration Minister Andrew Giles said the government had provided a pathway to permanency for all 31,000 people at various stages of the TPV application process.

"What our announcement does is it contemplates the circumstances of all these people, including a large number, 10 years on, who are yet to have a primary decision," he said.

"[It will be done] in a manner that is consistent with due process that fundamentally comes back to this: we believe that it is people who are ultimately found to have been owed protection who should be allowed to stay."

Immigration minister Andrew Giles. Source: AAP / Mick Tsikas

On Tuesday, the department reiterated those claims, adding those who aren’t found to be owed protection will be expected to leave Australia.

Nearly 10,000 'finalised refusals' awaiting review

The latest data from the Department of Home Affairs shows 9,843 people have had “finalised refusals” of their refugee status, which includes applications undergoing ministerial or judicial review.

While the government maintains those who are ultimately found to be owed protection will receive a pathway to permanency, others will be expected to leave Australia.

No timeline has been provided as to how quickly this could occur.

Somali asylum seeker Maria Kahie has called for the government to 'have some compassion'. Credit: SBS News / Sara Tomevska

Somali asylum seeker Maria Kahie was transferred to Nauru in 2013, after arriving in Australia by boat.

After eventually being released into community detention in 2016, she married an Australian citizen and has had two children, but remains on a bridging visa after her refugee status was rejected under the fast-track assessment process.

“On a bridging visa I can work, but I can’t study. I can’t get a loan from the bank, so we can’t buy a house, because on paper I’m only here for six months,” Ms Kahie said.

“I would like the government to have some compassion.

“I’ve spent ten years in Australia, now they’re pushing me to go to a third country, but that’s not an option for me. My kids are here, my family is here, my business is here.”

Ian Rintoul from the Refugee Action Coalition has urged Labor to abolish the fast-track scheme, which he argues is unfair and lacks rigour.

“Ten thousand of those, who were rejected under the Coalition’s fast-track process are still on bridging or expired visas, even though Labor promised to abolish fast-track,” he said.

Labor did not technically promise this; it was a policy platform adopted by the Australian Labor Party membership before the Federal election, but not endorsed by the party’s legislative branch, known as the caucus.

The government announced last year it will abolish the Administrative Appeals Tribunal (AAT), and replace it with a new body pending a review. It’s unclear what will come of the Immigration Assessment Authority, a separate office within the AAT, which deals with appeals from rejected fast-track applicants.