Key Points
- Parminder Singh and his wife were stripped of their work rights and asked to leave the country alongside their eight-year-old son before 31 May.
- The Gold Coast family has now been allowed to reapply for a three-month bridging visa as they await a response to their ministerial intervention request.
- The community has rallied with over 16,000 signatures on a petition in support of the Singh family.
An Indian family facing deportation to India after living in Australia for 15 years has been allowed to apply for a bridging visa a couple of days before their current visa was about to expire on 31 May, 2023.
Mr Singh and his family launched a petition seeking public support for their campaign to be allowed to stay in the country permanently that has gathered more than 16,000 signatures and many empathetic comments, but their visa status has remained the same.
The family, who are waiting for the outcome of a second ministerial intervention, say they have reapplied for a new bridging visa E that allows them to stay until any further substantive visa after they received an email from the Department of Home Affairs.
On Tuesday, 30 May, the Department asked Mr Singh to submit some documents before 20 June, 2023, in relation to his request for ministerial intervention.
Speaking to SBS Punjabi, Mr Singh said, "I have studied, worked and built a life (on the) Gold Coast and, if deported, we won't have a pathway to return to Australia, the country we call home.
"I have an eight-year-old son who was born here and has never visited India. Australia is the only home he knows, and the final decision will impact my family's future, especially my son's health and education," the 37-year-old said.
"It is impractical for a person who has spent the better part of his adult life in this country for over 15 years to move back home or to another country and restart his life."
The Immigration Minister has powers under the Migration Act 1958 to intervene in a case when it is deemed to be in the public interest to do so.
Recently, the use of the Immigration Minister's power to intervene in visa cases to grant permanent residency has been examined in a High Court ruling that legal academics say has implications for hundreds of other similar visa cases.
Parminder's visa history
Mr Singh came to Australia on a student visa in 2008. He pursued a bachelor’s degree in social welfare but went on to work as a manager at a local restaurant.
In 2016, he applied for the regional sponsored visa (Subclass 187) that allows skilled workers nominated by their employers in regional Australia to live and work there permanently.
But as luck would have it, his visa application was rejected. Following this, Mr Singh applied for a ministerial intervention which too was unsuccessful.
“Since I was left with no option, I decided to switch fields and return to social welfare. I was fortunate to get a job as a youth worker during (the) COVID (pandemic). But when I applied for a skills assessment, I was told I would need a further two years of experience in the field," he says.
"I was granted a bridging visa E in the meantime that allows me to stay here legally until I make arrangements to leave."
During this time, Mr Singh said he applied for a second ministerial intervention, this time based on his new job. However, he said he is still waiting to hear back on the matter.
“I still have a few months before I can complete my two years’ work experience (in the) youth worker position, on the basis of which I can reapply for skills assessment and then another application for permanent residency. But if they deport me before then, I will have no pathway to return to Australia,” he added.
Mr Singh’s predicament resonates with thousands of skilled migrants who have spent years in Australia but are unsure if they would be allowed to live here permanently.
Minister for Home Affairs of Australia, Clare O'Neil.
The number of temporary migrants onshore has nearly doubled over the past 15 years.
In a significant shake-up of the Australian immigration system, on 27 April, 2023, the Albanese Government released a slew of reforms to protect the interests of skilled migrants, international students and families.
Home Affairs Minister Clare O'Neil last month stated that Australia is home to nearly 1.8 million temporary migrants with the legal ability to participate in the country's labour market, but they often remain tangled in long pathways to permanent residence.
"Australia does not want to become a nation with 'permanently temporary' people," she said.
"We need to avoid policies and conditions that create 'permanent temporariness'. This means clearer pathways for the skilled workers we need and clarity for the migrants that have less of a prospect of becoming a permanent resident."
Mr Singh said he believes his case compares with many other families who have been in Australia for a significant chunk of their lives and were allowed to stay in the past.
"I am a hard-working and law-abiding member of the Australian community, and I am optimistic that I will be allowed to stay in the place I call home," he said.
To listen to this interview with Parminder Singh in Punjabi, please click on the audio:
LISTEN TO
Interview with Parminder Singh done on 29 May 2023.
07:22
