Bridging Visas Create Unjust Situations

The following article was published at the Australian Christian online

By : Kristen Hobby (SJN)

Etienne, Adolph, Matinse and Papy (affectionately known as the Congo Boys) arrived in Australia five years ago from the Democratic Republic of Congo. In Congo they were musicians, playing for the president. Unfortunately, President Laurent-Desire Kabila was assassinated in 2001, and the four suddenly found themselves a target of the newly installed leaders. They fled, first to Kenya, then to Malaysia, and then to Australia. Upon arrival in Australia they applied for asylum on the ground that they would be persecuted if they ever returned to Congo. Only one of the four spoke English and through the use of interpreters, the Department of Immigration (DIMIA) found “inconsistencies” in their stories. They were then denied asylum. For the first two years they were supported by Urban Neighbours of Hope (UNOH) and then by the Knoxfield (Vic) Church of Christ. Over the past five years the four have gone through every possible avenue, appealed at every level including the Refugee Review Tribunal and even the High Court. Together with support of UNOH and Knoxfield COC they applied directly to the Immigration Minister, Amanda Vanstone. Just before Christmas 2004, they were advised that their request had been denied and they faced imminent deportation. In the meantime, their Congolese passports had expired and Congo had a policy of not renewing passport for citizens living outside the country. They were effectively stuck. Australia would not allow them to stay but Congo wouldn’t issue them a passport which would allow them to travel to another country. Their only option was to be issued a Bridging Visa Type E. What is a Bridging Visa (Type E)? A Bridging Visa Type E (B.VE) is a type of bridging visa granted to some people seeking asylum by the Department of Immigration (DIMIA). The visa allows them to reside lawfully within the community until there is final determination of their application for a protection visa; however, this type of visa denies holders the right to work, education and Medicare. The BVE is granted to a range of people in different circumstances There are four ways that someone can find themselves on this type of visa: 1) For some people who have been released from detention with their claims still pending; 2) The 45 day rule: All people seeking asylum who have not applied for a Protection Visa within 45 days of arrival in Australia are denied the right to work and therefore access to Medicare. This is probably the meanest rule of all. People come to Australia in all sorts of circumstances and conditions, often not speaking English and through no fault of their own, find themselves denied work and Medicare support. 3) For people appealing decisions from the Refugee Review Tribunal are automatically denied work rights and thus access to Medicare. Appeals to the Federal and High Court may take a considerable period of time, from six months to a number of years. 4) Appealing to the Minister for Immigration: As of 1 July 1998 individuals seeking ministerial discretion on humanitarian grounds are automatically denied work. Appeals to the minister may also take a number of years There are currently between 8,000-10,000 people seeking asylum living in the Australian community awaiting decisions at different stages of their applications for protection visas and appeals procedures. Some 750-900 such people seeking asylum are estimated to be living in Victoria. This group includes children, elderly persons and single parents without any form of independent income. Many of these people are living in conditions of severe poverty. Some have been released from detention on the basis of special needs relating to mental and physical health and many have special needs as a result of the experience of torture and trauma. Why does this matter? As a result of their visa conditions, BVE holders like the Congo Boys (Vox Congo is the name of their band) are dependent upon charity and church organisations and face ongoing and spiraling difficulties with homelessness, cumulative debt, family breakdown and the exacerbation of existing health problems. Not only is this unjust, it is also against Australia’s international obligations. This situation persists despite Australia’s obligations under international law. For example, the UN Commission for Human Rights requires that Australia provides adequate care for all people including children seeking asylum. I can provide all the economic and academic reasons why this situation is unjust but I want you to imagine for a moment what it must be like for these four men. All of them want to establish a life and contribute to Australian society. They were granted working rights when Mark Riessen (Knoxfield Church of Christ) and Keith Bryant (Surrey Hills Church of Christ) advocated of their behalf so they continue to play their music (most recently at the UNOH conference 2006). The B.VE stipulates that the four men all have to visit the DIMIA office every one to two months which can be difficult when your only means of support is to tour and play music. Their lives are far from stable, they rely almost entirely on the support of Churches of Christ and in particular the Knoxfield Church of Christ and they simply do not know what the future holds. As Christians, we are called to look after the poorest among us, the marginalised and the sick. Personally, I think it would be difficult to find a group of people that are poorer or more marginalized than those holding B.VEs. Things you can do to help • Speak to your Federal Member of Parliament to let them know you think this situation is unjust. • Contribute funds for their support via Knoxfield Church of Christ. • Buy one of their CDs available at Knoxfield Church of Christ, UNOH or CCTC, or visit www.tigermusic.com.au • Check them out next time they play. Their tour dates are available on www.voxcongo.com • Pray that this unjust situation changes.