The impact for people subjected to different visas with different
applicable conditions was also observed by legal practitioners.
“It’s really mixed….some have had work rights and then through
that have been able to get Medicare, but without work rights you’re
not entitled to Medicare. So a lot of people don’t have work rights,
don’t have study rights and they’re effectively languishing and have
no access to any support services. And that impacts what services
will engage with them around housing as well. If you’re without a
Bridging Visa a lot of places won’t support you.”
— Michaela Rhode, Australian Legal Practitioner, Asylum Seeker Resource Centre
Confusion as to different visa pathways within stateless community
groups was further observed by research participants.
Case study:
“I’ll just give a story about a woman who I’m representing
at the moment around capturing people’s everyday
experiences on Nauru. She keeps calling me—it’s just an
example of how difficult it is to explain these concepts. So,
she’s a Rohingya lady, and she keeps calling me, saying that
she knows some of her friends in the community with kids
that have gotten citizenship, and she doesn’t understand
why her family hasn’t. But none of the kids or her were born
in Australia, and I keep explaining it again and again, but
understandably, she gets really upset each time she calls
me, and she just doesn’t understand the discrepancy, and
keeps asking for legal advice and legal assistance. And we
just keep repeating the same thing, and have passed her
onto various other services, but obviously, they give her the
same advice. So, I’ve just noticed that within the community,
there seems to be some sort of confusion …(people are)
really unclear what their long-term status is.”
— Australian Legal Practitioner Nicki Lees, Maurice Blackburn
Varying rights and entitlements for stateless people in Australia, as
ascribed by the various types of temporary protection visa they are
on, was observed to increase the risk of exploitation for stateless
people, particularly in employment settings.
“So either in terms of being underpaid, being paid as little as $12
a day for eight hours of manual labour work. I’ve seen women
experience sexual exploitation in the workplace. I’ve seen—what
else happens? I mean at the very extreme end of things people’s
documents being taken and being held in regional areas, working
in farm work and being—their wages are deducted to cover their
rent and their food, etc. So they’re actually not getting paid
anything and they’re locked in rooms when they’re not at work.”
— Michaela Rhode, Australian Legal Practitioner, Asylum Seeker Resource Centre
46 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia
Visa insecurity has a marked detrimental impact on the mental health
of stateless people.99 Mental Health professionals interviewed for this
study observed how visa uncertainty can inhibit a stateless person’s
ability to process trauma, plan for the future, or achieve stability.
“(For) my asylum seeker clients in particular who are stateless,
until a visa situation is resolved, it’s really hard to resolve those
trauma symptoms and process that trauma because they’re not
fully safe yet.”
— Psychologist, Torture and Trauma Rehabilitation Provider
The urgency of securing a particular visa to overcome barriers to
essential rights and entitlements was a recurring theme in several
interviews for this study. Citizenship was also cited as critical
mechanism for resolving statelessness.
“Reducing statelessness is only going to be achieved by someone
achieving citizenship, and that would give them a state that
accepts responsibility for them as one of their citizens.”
— Refugee Support Worker
As discussed elsewhere in this Report, however, access to citizenship
for stateless people is often complicated due to lack of documentation
and language barriers. Lengthy processing times for applications
(in the absence of mandated decision making time-frames) further
compound stateless people’s feelings of limbo and uncertainty.
“We got her daughter her Australian citizenship certificate and it
was like, “Okay.” There was an end in sight but that took 10 years so
that’s 10 years of limbo for not only Mum but also a child and that
can have a big impact on them. I think just the relentlessness of it.”
— Australian Legal Practitioner
As noted, access to visa categories is shaped by how Australia
identifies and treats different individuals within the same
communities, with reference to factors such as mode and date
of arrival and detention history. This underscores the structural
inequities embedded in Australia’s migration system, where chance
factors, such as date, or even time of arrival, or birth in detention—
can lead to radically different outcomes for stateless people, fostering
feelings of injustice and fragmentation within communities.
In contrast, one (formerly) stateless participant interviewed for this
Report had arrived in Australia on a skilled visa pathway, something
that remains extremely rare due to challenges stateless people have
in proving their identity, connecting with sponsors and funding
their relocation. Arriving on a permanent visa with a clear path to
naturalisation, along with support for resettlement made for a much
more positive experience of living stateless in Australia.
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