The Australian government has engaged in bilateral agreements to
send these ‘transitory persons’ to external countries such as New
Zealand and the United States and appears reluctant to engage
in consideration of an Australian pathway to settlement until
these agreements are exhausted. The majority of the ‘transitory
cohort’ however have now been living in Australia for more than
a decade—some have had children born in this time who know
no other country. As such, many are understandably reluctant to
relocate. What results is essentially an ongoing ‘stalemate’ between
the government and the ‘transitory’ person facing removal, who,
through lack of alternatives, is placed on rolling Bridging Visas and/
or experiences recurring periods of immigration detention.
“Even though our children are Australian citizens, the government
won’t let my husband and I apply for a permanent visa and keeps
telling us we need to leave—that they can arrange for us to go to
America or New Zealand. But how can we do this?
I don’t want to leave. This is a safe country.”
— Yasmin*
In the absence of available permanent visas or pathways to
naturalisation for stateless people under existing Australian
legislation, a significant number of stateless people are placed on
short-term Bridging Visas. One example is the Bridging Visa (BE)
E (subclass 050) (the BE E Visa). The BE E Visa is described by
DHA a visa that ‘lets you stay lawfully in Australia while you make
arrangements to leave, finalise your immigration matter or wait for a
immigration decision.’104 As has been established for stateless people,
making arrangements to ‘leave’ and go elsewhere is not possible.
“I’ve definitely spoken to at least a couple of clients who are
stateless … who are saying, “I had enough with the Australian
Government’s treatment (of me) not being allowed to apply for a
Visa here. And I would, as the Australian Government has asked me
several times, like to go back to where I came from. So you can send
me back”.
But then the problem is that they can’t be sent back. There is
nowhere to send them back to and we’ve tried contacting the
International Organisation for Migration, who helps facilitate
these transfers to ask them about this particular issue of “Is there
any way, or do you have processes in place to assist the stateless
returnees?”, and they said, “No”.
So now you have stateless person … not being able to return
anywhere, unable to seek any sort of permanency here and are
just in this absolute state of limbo.”
— Ahmad Sawan, Australian Legal Practitioner, Refugee Advice and
Casework Service
Some stateless participants interviewed for this study had been
on Bridging Visas for years, highlighting that a ‘decision’ regarding
their immigration status is not possible, as (with the exception of
Ministerial discretion) there is simply no visa pathway available to
them under existing legislation.
As of 31 December 2025, there were 7,035 ‘Unauthorised Maritime
Arrival’ Bridging Visa E holders in the Australian community.105 Almost
9% (at least 628) were recorded as stateless, indicating a significant
number of people experiencing uncertain legal statuses within this
cohort are without a nationality.106
People on Bridging Visas may be prohibited from working or
studying , opening a bank account or buying a house.107 Behavioural
conditions can also be placed on people through this visa (See Annex
3: Extract of Behavioural Code of Conduct for Community Detention),
including a requirement to –
•
‘not to be disruptive to the Australian community;’108
•
report to the Department at specified times and dates;109
•
Continue to live at the address specified before the visa
was granted;110
•
Abide by a specified code of behaviour.111
DHA can also require a person to pay for the costs of their detention.112
Legal practitioners interviewed for this Project reported witnessing a
sense of ongoing ‘unsettledness’ with their clients.
“I mean they’re never settled, right? That’s the big one; they’re just
never settled. And although they’re happy for their child to have
citizenship they’re just never settled because they’re also worried
about “How can I consistently provide for my family?” or “How can I
really raise my family with this almost voice in the back of my head
saying, “This isn’t going to last” or “This isn’t forever”.
And I think that’s a problem that all stateless people have; they’ve
never had an experience where they can be like “This is forever” or
“This can be our forever”. And so, the problem is that they’re always
in that state of unsettledness.”
— Ahmad Sawan, Australian Legal Practitioner, Refugee Advice and
Casework Service
Being ‘stuck’ in Australia with no possibility of returning to a home
country also means stateless people are presented with no choice
but to endure the challenges of an Australian migration policy that is
not designed to accommodate or support them.
“So some of the main issues is just this feeling of “stuck-ness”.
Where going home is not an option and so they’re really having to
endure whatever the government’s throwing at them.”
— Social Worker
60 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia
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