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Family separation and family reunion for refugees: A reform proposal
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Family separation and family reunion for refugees: A reform proposal

Mary Anne Kenny, Bilkiss Maudarbocus, Kelly Mcdonnell and Shai-Lee Powe
Technical Report. SCALES Community Legal Centre
SCALES Community Legal Centre, Murdoch University Law Clinic
2023
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Published (Version of Record)CC BY-NC V4.0 Open Access

Abstract

Refugees in Australia need to be able to access a fairer, faster and more affordable family reunion system. Policies in Australia have led to families being forced to live apart from each other for over a decade. People who have arrived by boat have already faced protracted delays, lack of social support, uncertainty, and ongoing separation from their families since arriving in Australia. A process that considers fairly the specific barriers people have faced and continue to experience, and their family visa applications should be high priority. Recently the government has made some welcome announcements for refugees, including abolishing policies that placed visas for family members at the end of the processing queue, and allowing refugees on temporary protection visas access to permanency. Both announcements are important steps towards allowing refugees to reunite with families after a decade of separation. Unfortunately, current laws, procedures and policies continue to add unnecessary barriers to family reunion for refugees, compounding their trauma. A process that prioritises family visa applications and that gives fair consideration to the specific barriers people have faced is required. The process should be straightforward, affordable and fair. This paper sets out the laws, procedures and policies requiring amendment in order to address the impacts of the decade-long separation from families experienced by refugees in Australia. These recommendations to government are framed to apply to Partner and Child visas, where the sponsor holds or has held a Resolution of Status visa, Protection visa or Refugee and Humanitarian visa.

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UN Sustainable Development Goals (SDGs)

This output has contributed to the advancement of the following goals:

#10 Reduced Inequalities
#16 Peace, Justice and Strong Institutions

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