“I think before coming to Australia I never fit in any bucket. I could
never find any pathway, process, policy, law, that includes me or
talks about people in my situation. And all of that changed the
minute I landed in Australia, so it was a complete change. And so
it’s almost as if I was born the day I landed here, legally speaking…
As someone who grew up (stateless in Lebanon), and lived for
the majority of their life there, coming to Australia and seeing a
different approach was absolutely amazing. I couldn’t describe the
happiness I felt, the security I felt. I felt welcomed, I felt seen, and I
felt respected as a human being, for the first time in my life, from a
legal perspective, of course.”
— Fadi
Fadi credits his positive experience to the dedicated non-government
program that supported him to come to Australia, Talent Beyond
Boundaries (TBB). Beyond that, he was keen to stress that his
experience is not the norm, and that even with programs like that
offered by TBB, his resettlement in Australia through the skilled
migration visa program as a stateless person involved a combination
of being linked with ‘good’ people willing to support him, a
committed and creative legal team (willing to look at various ways to
address identity documentation challenges) and ‘sheer luck’.
“But again—and you find that this is a very recurring theme in my
story—there is a good person, a good Samaritan, who just looked
at my situation and made an exception to include me, or help me.
Otherwise, I wouldn’t be here.
So that’s, I think, why my story is so unique: it’s not about me, as
a person, it’s about me coming across exceptional people who are
willing to make an effort and actually try to find a solution to my
problem…
I think it happened by sheer luck. So there was a bit of luck and a
lot of—again—good people involved.”
— Fadi
Even with the support of his employer and TBB the
resettlement process in Australia was challenging, indicating
the importance of ensuring stateless people without these
supports are adequately provided for as they establish
themselves within the Australian community.
“Well, I think from my perspective, I would say it (resettlement
in Australia) was very, very smooth and seamless. I mean, there
were challenges…
Some of the challenges were English. I’ve spoken English
professionally before, and I was fluent, but I’ve never used English
from dusk till dawn, 24/7 at work and at home, and everywhere.
So, that really took a toll on me in the first couple of months. I really
struggled with that. I was getting really drained, just trying to
translate everything and then speak it. So, that was a big struggle.
And where the key struggle for me, as a stateless person, came
with all the things I never had access to—so applying for a driver’s
licence, learning how to drive. I drove maybe once or twice with a
couple of friends—illegally—in Lebanon, but I was a 27-year-old
on his Ls, because I never drove before. So just getting through all
of that was—I’ve never used a train before, I’ve never used a train
ticket or a bus ticket...
Bank accounts: I’ve never had a bank account before… I kept
forgetting my wallet everywhere, because I never carried a wallet
before. I never had a driver’s licence or a bank account… I never
had cards with my name on it, so I wasn’t used to holding them, so
I’ll just forget them everywhere. I’ve went through maybe two debit
cards in the first year, because I just misplaced them and lost them.
I wasn’t used to carrying all of that.
So on top of learning all of that, and the English, I had a job as a
consultant. And so I hit the ground running, I was facing the clients,
so trying to cope with that as well. On top of all of that, trying to
find a place to live—well, I had a place to live…
So trying to work all of that at the same time, I think, was a bit
overwhelming. Looking back, the first six/seven months were very
challenging.”
— Fadi
4.3.2 Statelessness is a secondary
consideration after refugee protection
“We have a young man we are assisting who is stateless. He is the
victim of child trafficking. I say stateless because the country he
comes from has no record of him and we’ve confirmed that with the
relevant authorities. So now we have to find these creative legal
mechanisms to try and get his case in front of the Minister to say,
“he is stateless, he can’t be returned anywhere….” So it (the legal
system) causes significant issues for people who stateless but aren’t
refugees. If you are just stateless….it’s a square peg in a round hole.’
— Alison Battison, Australian Legal Practitioner
Where a person has access to a protection visa under Australian
law, statelessness is often treated as a secondary consideration to
refugee protection. This is largely because addressing a person’s
statelessness under the existing domestic migration framework does
not provide any additional immediate support to a visa applicant. To
date, the perception of statelessness as a secondary issue to refugee
status has made it difficult for advocates to meaningfully engage the
Government in law reform on the issue.
Understanding Statelessness in Australia | Peter McMullin Centre on Statelessness 47
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