4.3 The predicament of stateless people in Australia varies, but is often shaped by the type of visa a person is placed on “Like other lawful non-citizens in Australia, stateless individuals have access to services and pathways to permanent residency and citizenship based on the type of visa they hold, rather than their nationality or statelessness status.” The lived experience of statelessness varies significantly between impacted individuals and communities in Australia, but is invariably shaped by visa status and/or naturalisation. — Department of Home Affairs Officer Key findings indicate that: 1.1 The experience of statelessness in Australia is heavily influenced by visa category and the entitlements (or lack thereof) that accompany them (4.3.1); 1.2 Statelessness is a secondary consideration to refugee protection (4.3.2); 1.3 Stateless people on Bridging Visas and ‘Transitory persons’ face particular legal uncertainty that impacts multiple aspects of a person’s life (4.3.3); 1.4 Different members within the same stateless family and/or community are subjected to different visas and conditions (4.3.4); 1.5 Stateless people are disproportionately impacted by visa cancellations and refusals (4.3.5); 1.6 Stateless people face a disproportionate risk of being detained for lengthy periods (4.3.6). 4.3.1 The experience of statelessness in Australia is heavily influenced by visa category and the entitlements (or lack thereof) that accompany them Participants with lived experience of statelessness interviewed for this study consistently emphasised that their visa status played a key role in shaping their experience in Australia. This was further observed by stakeholders working with members of the stateless community, particularly the marked difference between the rights and entitlements enjoyed by a stateless person on a permanent visa compared to those on a temporary visa. DHA acknowledges that access to services and pathways to permanent residency and citizenship are based on visa type, not statelessness status. This creates a fragmented administrative system whereby individuals with similar backgrounds may have vastly different experiences and access to entitlements depending on their visa class. Depending on the mode and date of arrival, often just by chance, stateless people’s experiences in Australia can vary greatly because of the visa pathway they are placed on. “There’s a massive difference between somebody who’s a permanent resident in Australia and has access to all the government services that that entails, as opposed to someone who is on some sort of visa that doesn’t provide those services or alternatively doesn’t have a visa at all or a bridging visa.” — Refugee Health Worker Different visa allocations for individuals within the same stateless cohort, based on often arbitrary distinctions such as mode or date of arrival or location of previous immigration (i.e. onshore or offshore) detention create confusion and fracturing within family and social groups. For example, stateless participants interviewed for this study reported simultaneously feeling happiness for friends granted visas with greater entitlements than their own, alongside sadness and confusion as to why they were excluded from the ability to do essential, basic activities like work or study. People spoke of arriving on the same boat as other members of the same stateless community who now had citizenship, while they themselves remained ineligible for any form of permanency in Australia. “Eventually we were put into community detention. We weren’t allowed to work or move around anywhere. To go anywhere we had to ask our case officer for permission. Just like in Burma really. We were in community detention for five years. Not being able to work, to study, to have any freedom really took a toll. The stress made us sick. We couldn’t talk to anyone. Over time we saw other people we were in detention with get visas and begin to build a life. They can work, they can go anywhere, they are free. But not us. Because we were taken to Nauru and they weren’t, we continue to be punished. Even people who arrived on the same boat—they now have a visa. I feel happy for my friends, but sad for us. It’s like a mantle around our necks weighing us down all the time. It makes us sad.” — Yasmin* Understanding Statelessness in Australia | Peter McMullin Centre on Statelessness 45