Refugee’s tragic plight reflects many

A refugee protests for permanent protection in a 24/7 vigil outside former Home Affairs Minister Clare O'Neil's office. (Supplied)

by Sahar Foladi

An emotional vigil was held for Uthayakaran Periyathamby who has died after 11 years in limbo as a Tamil asylum seeker.

The 53-year-old Dandenong resident passed away in his sleep on Tuesday 16 July in an all-too-common premature death among refugees and asylum seekers, according to Tamil Refugee Council founder Aran Mylvaganam.

“For the past nine years he’s been in this stage of limbo. Eventually he lost his life, and the coroner couldn’t find cause of death. He wasn’t that old and no known health issues.

“I have personally organised many funerals for refugees and many of their deaths are in similar circumstance.

“All I can do is speculate and say stress, depression, fear of not knowing, separation from family, everything combined – it takes their life.”

The Tamil Refugee Council had organised for Mr Periyathamby’s funeral costs via GoFundMe page which garnered just $2400.

He was put to rest on Thursday 25 July as close friends known as “family members” were emotional, upset and angry that their pleas for permanent refuge are falling on deaf ears.

Mr Periyathamby escaped the genocide of the Tamil minority in Sri Lanka and arrived in 2012 by boat leaving behind his wife and children.

He was placed in Manus Island and later released into the community on a bridging visa in 2013.

His claim for a permanent protection visa was rejected via the so called flawed ‘fast-track’ process.

He lived 11 long years in agony since being released in the community, Mr Mylnaganam saiys.

Eleven years of torture and falling prey to “dodgy employers” as he had no right to work in the community nor have access to Medicare.

“People were very emotional and upset (at the vigil) the Government aren’t doing anything about their situation,” Mr Mylvaganam said.

“They (refugees and asylum seekers) struggle to get permanent jobs, jobs that have no security and are very low paid, and the children who have grown up in Australia are unable to get into universities.

“On one hand the parents are struggling because of the visa, while kids are being treated as second class people. It’s a scandal that no one is willing to look into.”

Unfortunately this is the case for refugees and asylum seekers left behind by the Federal Government’s fast-tracked Resolution of Status visas for refugees announced in February 2023.

The Department of Home Affairs has committed to transitioning over 19,000 people holding Temporary Protection Visas (TPVs) and Safe Haven Enterprise Visas (SHEVs) to a permanent visa by February 2024.

A majority of the eligible TPV/SHEV cohort have now been granted RoS visas.

As at 30 June 2024 there were 18,026 RoS visa holders, and 2,038 RoS visa applications on hand.

A further 1,190 people were waiting on a decision on their initial TPV or SHEV application.

“The Labor party is slightly better than Liberals when it comes to treatment of refugees but they continue a lot of the same policies as the Liberals.

“It’s really not fair. It’s brought to the government’s attention and they haven’t done anything about it,” Mr Mylvaganam said.

Those left behind the fast-track RoS visa road to permanent residence include Iranians (519) Sri Lankans (245) as well as Rohingyas.

There are more than 4500 rejected TPV, SHEV and RoS visa applications at judicial review as of 30 June 2024 according to Refugee Council of Australia.

Bruce MP Julian Hill, recently announced as Assistant Minister for Immigration and Multicultural Affairs says RoS visas are provided to those who applied or are found to be owed protection.

He says conditions imposed on bridging-visa (BV) holders, including work rights depend on the applicant’s specific circumstances “to ensure policy intent of migration program is upheld.”

“The Government expects that if a BV holder has work rights and has the capacity to work, they will support themselves. The Government understands that it may be difficult for someone to support themselves while their immigration matter is being resolved if they cannot work and participate in the community.

“Eligible BV holders can apply for the Status Resolution Support Services program if they are experiencing hardship which is impacting their ability to resolve their migration status.”

The Status Resolution Support Service program (SRSS) provides a range of various short-term needs-based services tailored to individual circumstances. which can include access to healthcare, education for school aged children, accommodation and financial support.

“Attaching conditions to BVs provides the structure for engagement between an applicant and the department and is reflective of a strong system of assessment and review,” Mr Hill said.

“The Government is committed to ensuring that appropriate conditions are utilised.”

Mr Mylvaganam calls onto the Bruce MP for “meaningful action.”

“We know the Member for Bruce Julian Hill understands the issues, being the assistant Minister for Citizenship and Multicultural Affairs.

“We want him to come up with meaningful actions after years of empty promises and grant all these refugees permanent visas. It has gone for far too long.”

The Star Journal has previously reported on those waiting for permanent protection and who describe Australia as an “open prison”. Such as a Dandenong-based Tamil couple that fled civil war in Sri Lanka after being shot and escaping death.

There’s also Nige who fled by boat in 2009 who only sees his Sri-Lankan-based 17-year-old son and wife via video calls, or Roger whose application was rejected and an appeal has been pending since 2016.

Or Lenny who left behind his girlfriend and parents more than a decade ago. His parents have since passed away and his partner could no longer wait and married another man.

“This is not about Tamils, there are Iranians, Rohingyas, Iraqi, Afghan people who have fled various conflicts and come to this country as refugees,” Mr Mylvaganam says.

“Uthaysakaran represent the plight of every refugee’s not just Tamil refugees.”

The group had held a 24/7 encampment outside the former Home Affairs Minister Clare O’Neil’s office. Since the recent cabinet reshuffle, they’ve shifted to the newly-announced Minister Tony Burke’s office.