Viw Magazine

Men's Weekly

.

  • Written by Mary Anne Kenny, Associate Professor, School of Law, Murdoch University
The Biloela Tamil family will be able to remain in Australia until the asylum claim for the youngest daughter is properly assessed. James Ross/AAP

Today, the Sri Lankan family who had resettled in the small town of Biloela in Queensland was given a last-minute reprieve in their fight to stay in Australia. A federal court judge ruled the family had established a prima facie case to remain in the country until a final hearing at a date yet to be determined.

The family of four are part of a group of asylum seekers and refugees who arrived in Australia by boat between August 2012 and January 2014. Their case highlights some of the problems with the “fast-track” refugee assessment system set up by the Coalition government in late 2014 to handle the flood of boat arrivals.

The system was intended to deny access to permanent residency for the refugees and create a faster system for processing their asylum claims.

In practice, however, it has been marked by prolonged delays and restrictions on the types of visas available to the refugees, contributing to their mental deterioration and despair.

The “fast-track assessment caseload” includes individuals, families and children who arrived by boat during that 18-month period from 2012-14. It also includes children born after their arrival, like the Biloela couple’s children, Kopica and Tharuunica.

It is estimated there are currently around 31,000 individuals in this group, some of whom still remain in limbo while their status is determined by the government.

The Australian Human Rights Commission raised deep concerns around the treatment and well-being of these refugees in a report in July.

We have also conducted research into the many barriers faced by the people in the caseload in terms of their access to legal representation and ability to understand the process. We have also examined the decline in their overall mental health and well-being.

According to the Monash University Australian Border Deaths Database and our own research, there have been at least 18 deaths by suspected or confirmed suicide in the caseload since June 2014.

Endless paperwork and delays

Policy and legislative changes in recent years have resulted in the group of refugees in the “fast-track” caseload being subjected to different treatment compared to other asylum seekers. The reason was to further discourage people from risking the journey by boat.

They were barred from applying for any visas until 2015 when the then-minister for immigration, Peter Dutton, started inviting them to apply for temporary protection visas under the new “fast track” process.

In 2014, the government abolished most of the funding dedicated to helping boat arrivals with advice and assistance on immigration. As a result, wait-lists for pro bono legal assistance at community legal centres blew out to over one year.


Read more: Sri Lankan asylum seekers are being deported from Australia despite fears of torture


Asylum seekers were then given a deadline of October 1, 2017 to lodge their protection claims, which placed huge strains on the pro bono legal community. The application process itself is incredibly complex, involving the completion of lengthy forms in English, taking at a minimum 10–15 hours to complete.

Since then, these asylum seekers have been subjected to extended delays. Department of Home Affairs statistics from July 2019 show that of the 31,000 in the initial “fast track” caseload, there are nearly 8,200 waiting for their cases to be dealt with.

This means that, in total, these asylum seekers have been waiting almost seven years for their visa applications to be processed.

Trapped in visa limbo

Despite these hurdles, approximately 70% of those in the “fast-track” caseload have been found to be owed protection and provided with temporary visas to remain in Australia.

They are not, however, eligible for permanent protection. They are only granted either a three-year Temporary Protection Visa (TPV) or a five-year Safe Haven Enterprise Visa (SHEV).

For most, the granting of one of these visas provides no relief. Their temporary status means they cannot seek reunification with family members overseas. And because all of their visas will have to reassessed when they expire, the uncertainty surrounding their lives never fully goes away.


Read more: We don't know how many asylum seekers are turned away at Australian airports


Those who have their temporary visa applications refused by the Department of Home Affairs have access to a limited merits review by the independent Immigration Assessment Authority (IAA). The IAA only considers new information if there are exceptional circumstances. And in 87% of cases, it affirms the decision of the Department of Home Affairs.

Statistics show that in cases involving applicants claiming asylum from Sri Lanka, the IAA agrees with the initial visa refusal in 93% of cases.

The reduction in funding for legal assistance, combined with the lack of access to a robust system of review, has led the Australian Human Rights Commission to conclude that some individuals may have been refused visas despite having good claims for refugee status.

Others have pointed to serious issues in the application process for the Biloela family, in particular the mother, Priya.

Impact on mental health

For those unable to work while their immigration status is in limbo, the government provides extremely limited financial and case management support. According to a recent survey of asylum seekers, nearly four in five reported being at risk of homelessness or destitution if they lost this limited government support.

Those who remain on temporary visas for years while their fates are being determined feel deeply marginalised and disenfranchised.

They also face a minimum of ten years on a temporary visa without the prospect of reuniting permanently with separated family members, creating a subclass of people who likely will never feel that they “belong” in Australia or are fully settled.


Read more: How immigration policy harms asylum seekers' mental health


Given such concerns, and in the absence of any shift in policy, we set up a crowdfunding campaign to provide suicide prevention training for non-government and government-sector workers supporting refugees and asylum seekers. The results so far are promising. More than 400 workers across Australia have taken part in the training.

The Australian Human Rights Commission has also put forth its serious concerns about the robustness of the fast-track process.

The commission has recommended that those refused visas should be able to have their cases re-examined in a full merits review by the Administrative Appeals Tribunal. This would provide them with a new hearing and allow for the consideration of all their claims, including any new information.

Until this happens, the commission further recommends that the Australian government not remove any asylum seeker who has been refused under the fast-track process.

Reforms to the current system for the processing and granting of visas are urgently needed. It is also critical for the government to provide adequate legal and mental health support for those in the fast track caseload. Suicide-related despair for this group is excruciating and unendurable. Lives matter irrespective of the politics.

Mary Anne Kenny has previously received funding from the Australian Research Council and sitting fees from the Department of Home Affairs.

Nicholas Procter receives funding from Suicide Prevention Australia, SA Health and Overseas Services for the Survivors of Torture and Trauma. He has previously received sitting fees from the Department of Home Affairs.

Authors: Mary Anne Kenny, Associate Professor, School of Law, Murdoch University

Read more http://theconversation.com/how-the-biloela-tamil-family-deportation-case-highlights-the-failures-of-our-refugee-system-123685

Why Rainwater Tanks Are an Effective Solution for Sustainable Water Storage

Water conservation has become an increasingly important priority for households and businesses around the world. As populations grow and env...

Why Offroad Caravans Are the Ultimate Choice for Long-Distance Adventure Travel

Travelling long distances while maintaining comfort and independence is a goal for many adventure enthusiasts. Caravanning has become an inc...

Furnishing for Families Without Losing Style

Designing a family home can feel like a constant negotiation between practicality and aesthetics. On one hand, you want rooms that can han...

Decorating in Stages: A Smarter Way to Build a Home You Love

There is a lot of pressure to make a home look “finished” as quickly as possible. Between inspiration images, showroom displays and so...

Why Building Inspections Gippsland Are Essential for Property Buyers

Purchasing a home or investment property is an exciting milestone, but it also involves careful consideration and due diligence. One of the ...

Precision and Practicality: How Mini Excavators Support Modern Australian Projects

Lightweight, agile, and increasingly sophisticated, mini excavators have become a familiar presence across modern construction sites. Feat...

Choosing the Right Boat for Lakes and Rivers is About What’s Under the Water

Ready to hit the water and enjoy a boating lifestyle? Great! But not just any boat will do. You need to be equipped with the knowledge to ma...

How Fat Freezing Melbourne Treatments Help Reduce Stubborn Body Fat

Achieving a well-balanced body shape often requires regular exercise and healthy eating habits. However, many individuals still struggle w...

Why Childcare Cleaning Is Essential for Safe and Hygienic Early Learning Environments

Childcare centres provide important environments where young children learn, play, and develop social skills. Because these spaces are use...

Understanding Root Canal Treatment Melbourne And How It Saves Natural Teeth

Dental pain can disrupt daily life and make even simple activities uncomfortable. When tooth decay or infection reaches the inner part of ...

Why an NDIS Provider Plays a Vital Role in Supporting People With Disabilities

Access to the right support services can significantly improve the quality of life for people living with disabilities. Across Australia, ...

Key Terms in Commercial Leases Every Melbourne Business Should Understand

Signing a commercial lease is a significant commitment. However, many business owners focus on the rent figure and the lease term without ...

Why a Buyers Agent Adelaide Helps You Navigate the Property Market With Confidence

Buying property is one of the most significant financial decisions many people make. Whether purchasing a home to live in or investing in re...

What Makes a Successful Law Firm Website in 2026

In 2026, a law firm’s website is no longer just a digital brochure—it is one of the most important business development tools a legal ...

Why Every Modern Law Firm Needs a High-Performance Website

In today’s digital-first world, a law firm’s website is often the very first point of contact between a potential client and the legal p...

The Importance of Safe Sanitary Waste Disposal in Commercial Spaces

For facility managers, employers, and business owners, the provision of washroom amenities is more than a convenience—it is a critical int...

Why Brisbane Retailers Need Custom Security Solutions for Modern Retail Risks

A one-size-fits-all approach rarely works for something as nuanced and challenging as retail security. In Brisbane alone, there are differ...

Why Children Who Learn to Save Early Develop Stronger Financial Habits

The transition from understanding the value of a physical coin to managing a digital balance is a fundamental rite of passage for the next...

Planning Home Rewiring? Why Sydney Electricians Start with RCD Testing

It can be quite overwhelming thinking about rewiring your home. You may reside in a charming old terrace or even a modern townhouse; there...

Pour One Out: Cali by Snoop drops Kingz of Cali, the tribute wine honouring Tupac’s Legacy

The limited-edition wine celebrates 30 years since the release of Tupac and Snoop Dogg’s iconic track. Today, Cali By Snoop drops its mos...