Executive Summary
“Citizenship to me
means protection
and certainty for
my children.
‘There is a huge difference in this
world for children with citizenship,
and those without it.’
— Aisha, stateless Rohingya mother of one
Children born on Australian soil are not
guaranteed Australian citizenship. Citizenship is
foundational to a child’s sense of identity and
belonging, providing them with fundamental
rights. Importantly, for children of stateless
refugees it can also offer security and safety; a
place to call home and build a future.
Without it,
I fear they
have no future.”
Pathways to permanent protection are extremely
limited — and indeed in the majority of cases,
prohibited — for refugees that arrive in Australia
by boat seeking asylum after 19 July 2013.1
— Amir, stateless Palestinian father of four
In 2014 the Australian Government reintroduced
the Temporary Protection Visa (TPV) and
introduced the Safe Haven Enterprise Visa
(SHEV) limiting the duration of protection
available to refugees and prohibiting them
from accessing a range of essential services.2
The reintroduction of TPVs followed the
reinstatement of Australia’s policy of offshore
processing in August 2012, and then mandatory
offshore processing in July 2013, whereby
children (including those born in Australia) of
parents who arrived by boat are taken to Nauru
and prohibited from ever applying for any form
of protection in Australia under law.3
Simply by virtue of the mode by which their
parents arrived to seek asylum, children born on
Australian soil are condemned to a life of limbo.
Those lucky enough to be allowed to apply
for a temporary visa live a life characterized
by uncertainty; despite being recognized as
refugees they must reapply for temporary
protection every three to five years. Many
others are completely prohibited from
applying for any form of Australian visa
(temporary or otherwise) and live under strict
conditions in Australia on a ‘transitory’ basis,
at risk of removal at any time, often with very
little notice.4
For these children, Australia is the only home
they have ever known. Their legal status as
‘stateless’ (discussed below) means they have
no country to ‘return’ to, having inherited no
nationality from their parents.5 The precarious
temporary basis upon which they remain in
Australia means their chance to grow and
develop as individuals in a secure environment
— the opportunity to be children with hopes
and dreams for the future — is overshadowed
by a perpetual lack of certainty regarding their
ability to remain here.
Many children in need of protection are
therefore no longer afforded permanent
protection and resettlement in Australia.
Executive Summary
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Executive Summary
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