Chapter 5:
Living stateless in Australia
“Because we came by boat and spent time in detention on
Nauru, we are not allowed to apply for a visa. We live in limbo.”
— Nur*
This chapter explores the everyday lived experience of
stateless people in Australia, focusing on how an uncertain
or unresolved legal status and a lack of formal legal
recognition shapes the lived experience of statelessness.
Many participants interviewed for this Report spoke to the
inhibitions experienced by stateless people to establish a
new life in Australia. Restrictions placed on a person’s ability
to work, study, travel, be reunited with family members and
buy a home in Australia resonated with stateless people’s
experience of discrimination in their country of origin.
Stateless people interviewed commonly reported feeling ‘stuck’ or
existing in a state of limbo, particularly when they have a ‘transitory’
or temporary legal status with no prospect of naturalisation. Stateless
parents spoke of the sacrifices they willingly made coming to Australia
in the hope that their children will enjoy a better life, while also
expressing fear that their children’s futures will be negatively impacted
by their statelessness and precarious legal status in Australia.
“Within my community in Australia, I see so many stateless
people who haven’t been given visas. For more than 13 years they
have been on Bridging Visas—without having the chance to be
interviewed and state their case. This limbo; it plays with their mind
and causes many of them to have mental health problems. That
makes me feel incredibly sad.”
— Hassan*
— Amir
“The Unauthorised Maritime Arrival cohort is the best example of
administrative and political incompetence that I’ve ever seen in
my time of working. Applications were meant to be a fast-track
process. Over 12 years later, there has finally been a change in
government position to finally simplify the process for residency,
which left many children not holding a visa or holding necessary
citizen documents of any other country.”
The impact that uncertainty and a precarious legal status has on the
lives of stateless people in Australia was echoed by professionals
working with stateless communities.
“(T)he limbo that these individuals are living in and particularly for
stateless people, they’ve never had a place that truly accepts them
and then when they’re in this cohort, they’re still living that life in
Australia and that’s completely unacceptable.”
— Nicki Lees, Australian Legal Practitioner, Maurice Blackburn
52 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia
“I am old now, and I am still not a citizen. It has been too
long to wait. My time is finished now, I only care about my
children. The future is about my children.”
Legal practitioners interviewed for this Report spoke of the various
systemic and bureaucratic processes that have delayed the
processing of refugee visas over the years as exacerbating the wait
times and challenges experienced by stateless people.
— Carina Ford, Australian Legal Practitioner, Carina Ford Immigration Lawyers
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