27/03/2026
We have all loved the happy ending to this story… whereby the Federal Minister has intervened in the case and allowed a beautiful family to stay!!
People were shocked to read that after 16 years in our country, a family has a visa refused and is given 35 days to pack their lives and leave!! People were asking how can this happen?
Those of us in the migration profession deal with such situations every day and there are thousands of hard working and contributing families in our country who eventually come to the end of the road and have to leave!!
Our clients fight with everything they have to give their families the best of futures…. and their journeys are sometimes very long as they face set back after set back!! It is the most painful and difficult situation, especially when children are involved! Often they are children who have only ever known Australia as their home!!
On social media people’s uninformed comments were frustrating to read!! People ask how can the government make such a decision and why only to this family when so many others are allowed to stay?
But migration law is complex and very much black and white!
Case officers, tribunal members and judges assessing applications can only base their decisions on the law! Our clients either tick all the boxes or they do not!!
I do not have the details of this case…. but to help you understand what is some of the criteria our clients have to meet, these are the types of things considered!
Do they have the level of English required?
Do they have the appropriate qualifications and experience?
Are they under 45 years of age?
Do they still have an active employer sponsor at the time a decision is made?
Do they meet health and character requirements?
There is no discretion to make decisions based on common sense!! Applications are assessed based on the main applicant and families are not assessed holistically! Only once you have reached the end of the road is it possible to seek Ministerial intervention … and thankfully in this case the Minister chose to intervene!!
We all shared happy tears for this lovely family… but you all need to know that there are many others experiencing similar journeys and the same hardships and pain!!
When Croydon pastry chef Luca Bonavoglia was told his family's time was up in Australia, the cafe owner said, "The kids were crying for the last ten days". But now, some good news...
