Federal Government takes first step towards reuniting thousands of refugee families, but more action needed to end family separation
Today the Federal Government abolished Ministerial Direction 80, a policy that has intentionally kept thousands of refugee families apart for a decade. While the policy change marks a necessary first step towards reuniting people with their loved ones, the Human Rights Law Centre calls for further action from the Albanese Government to stop separating families to punish and deter people from seeking safety in Australia.
For too long, the Australian Government’s divisive policies, like Direction 80, have denied people the basic human right to live in safety with their families and be a parent to their children. Data from November 2022 shows that over 3,000 families have been kept apart by the policy, with almost 1,000 waiting since 2013. The vast majority of families impacted are Afghanistan-Australian families.
Under the new policy, Ministerial Direction 102, all families will be entitled to have family visa applications dealt with under the usual processes, regardless of how they travelled to Australia. But other policies that keep families apart continue – the government has delayed in extending permanent protection to temporary protection visa holders, and families continue to be separated between Australia and offshore detention.
Ismail Hussaini, who has been prevented from reuniting with his wife and daughter because of Direction 80, said:
“I worked with the Australian Army in Afghanistan as an interpreter. I found safety here, but I have been waiting more than nine years to bring my wife here. My baby daughter was born nearly two years ago and I cannot be with her. It’s really good news that this policy is gone, but there are so many families like mine who are still waiting. There are people on temporary visas who still don’t have any hope. We just want to be together with our families and see our children grow up.”
Josephine Langbien, Senior Lawyer at the Human Rights Law Centre, said:
“For a decade, Australian Governments have used family separation as a tool to deter people from seeking safety in Australia.
“Direction 80 has cost families years of their lives. Abolishing this deeply unjust policy is a necessary first step, but addressing the widespread, intentional separation of families, which has become embedded in Australia’s divisive migration policies, does not end here.
“People from refugee communities are still waiting for the promised extension of permanent residency to temporary protection visa holders before they can even apply to reunite with family members.
"Families continue to be separated across Australia and offshore detention, with no end in sight. It is time for the government to recognise that the uncertainty and anguish of separated partners, parents and children cannot be used as tool to make policy.”
Background
Ministerial Direction 80 and its predecessors were first introduced by the Coalition Government in 2013. The policy placed all family visa applications sponsored by people who originally arrived in Australia by boat at the back of the visa processing queue, meaning those applications were simply never processed.
The Human Rights Law Centre's 2021 report ‘Together in Safety’ detailed the various methods used by the Government to prevent families from reuniting, including:
endless deprioritisation of people who arrived by boat;
a complete ban on family reunion for refugees who hold temporary protection visas and;
the separation of families between Australia and offshore detention, including those separated during a medical evacuation.
The report found that Australia’s policies are deeply harmful to the health of the people kept from their families, are illegal under international law, and are unparalleled in their cruelty among comparable countries.
Media contact:
Michelle Bennett, Engagement Director, 0419 100 519, michelle.bennett@hrlc.org.au
Thomas Feng, Media and Communications Manager, 0431 285 275, thomas.feng@hrlc.org.au