The refugees in Jordan trying to overcome Australia’s 'complex' migration policies

Tackling a system 'designed' to make it harder for people to enter the country

Ashur* and his family escaped Iraq from ISIS wanting to find refuge in a safe place.

He and his family lived in Tel Keppe located less than 12 kilometres north-east of Mosul.

In 2014, when ISIS took over, they fled with nothing but the clothes they had on. 

They left their home, work and Ashur's oldest son could not finish university for fear of being bombed on the way.

There were swarms of people fleeing on foot and crowded busses transiting to multiple destinations.

In just a few hours moving from one bus to another, Ashur and his family escaped to Sarsing.

They lived there for two years in a church hall among 50 other families. 

But they had relatives in Australia and wanted a fresh start.

Life was difficult and it still is. 

Photo by Julie Ricard on Unsplash

Photo by Julie Ricard on Unsplash

'Daily life in Zaatari refugee camp in Jordan' by World Bank Photo Collection is licensed under CC BY-NC-ND 2.0

'Daily life in Zaatari refugee camp in Jordan' by World Bank Photo Collection is licensed under CC BY-NC-ND 2.0

They came to Jordan in March 2016 to seek asylum. They have been in limbo ever since, uncertain if they will settle as refugees.

Photo by Julie Ricard on Unsplash

Photo by Julie Ricard on Unsplash

“Life is hard here and we can’t work,” Ashur said.  “The rent is expensive.”

The UN helps facilitate refugees in seeking asylum but Ashur said he has not received any support from them.

“Its been five years and the UN hasn’t even contacted us about our application for an interview,” Ashur said.

He waved his arm to signify the lack of approving humanitarian visas. 

Ashur is not alone. There is an influx of refugees in Jordan compared to those who the Department of Home Affairs approves to resettle.

There are “only 5325 resettlement places available for refugees in Jordan to 16 countries. This compares to approximately 75,000 refugees in Jordan who UNHCR deems in need of resettlement due to their vulnerability”, according to the United Nations High Commissioner for Refugees (UNHCR) Jordan in 2021.

'Daily life in Zaatari refugee camp in Jordan' by World Bank Photo Collection is licensed under CC BY-NC-ND 2.0

'Daily life in Zaatari refugee camp in Jordan' by World Bank Photo Collection is licensed under CC BY-NC-ND 2.0

UNHCR Jordan told us “a tiny percentage”(less than one per cent) of refugees are considered for resettlement. No matter how much refugees try, experts reveal it is up to the Australian government to re-evaluate the “complex” migration policies “designed” to make it harder for refugees to resettle.

Ashur has been refused at least seven times to enter Australia and feels “hopeless”.

With thousands of refugees in limbo, all they can do is wait.

But in the waiting period, refugees lives are unstable due to the difficulties in sourcing income and attaining work permits, according to Maran Maayah Abujaber, president of Al-Hadaf Institute who helps refugees and orphans through trauma workshops.

Maran Maayah Abujaber, president of Al-Hadaf Institute. WARNING: This video discusses details on family violence

Maran Maayah Abujaber, president of Al-Hadaf Institute. WARNING: This video discusses details on family violence

Ashur has three children in their 20s. His middle child feels like all these years have gone to “waste”. 

“We want to get to Australia so we can study and achieve our goals and dreams,” she said. Ashur and his family's identities cannot be revealed for security reasons and to avoid curbing their visa chances.

'I will never give up on my dream'

Ashur's middle child, Dalo*, hopes to become a fashion designer one day and work in the industry.

Dalo's design (Supplied)

Dalo's design (Supplied)

Dalo's design (Supplied)

Dalo's design (Supplied)

Dalo's design (Supplied)

Dalo's design (Supplied)

Dalo's design (Supplied)

Dalo's design (Supplied)

She spends her free time sketching dresses and outfits. 

“I prefer drawing clothes instead of interiors,” she said.

Dalo's design (Supplied)

Dalo's design (Supplied)

Waiting in Jordan can be despairing.

“There are times where I feel hopeless, but I will never give up on my dream of becoming a fashion designer,” she said.

Dalo's design (Supplied)

Dalo's design (Supplied)

Dalo is holding onto hope of resettling in Australia one day and pursuing her passion.

Dalo's design (Supplied)

Dalo's design (Supplied)

The pandemic has kept families separated and refugees unsettled overseas

Josephine Langbien, senior lawyer at the Human Rights Law Centre

Josephine Langbien, senior lawyer at the Human Rights Law Centre

Due to COVID-19, Ashur's family is trying to keep safe by staying at home and limiting their outings. Ashur goes to the shops to buy any necessities for his family. 

For the first three years they lived in Jordan they were refused to enter Australia because they did not have an immediate proposer as required in the Global Special Humanitarian visa (subclass 202). 

The last refusal Ashur received was April 2020 and reapplied for a new visa application in November 2020, but there has been no progress since. 

When his sister and her family arrived and settled in Australia, she became Ashur's immediate proposer which met the requirement. However, their application remained unsuccessful. 

The reason provided by Australia’s immigration department was that the country did not have enough visas. This is not uncommon.

Getting refugee status is the first step for resettlement into another country. (Supplied)

Getting refugee status is the first step for resettlement into another country. (Supplied)

“Every year, thousands and thousands of people are refused because there are simply not enough places available in that program,” Ms Langbein said. 

“The Department of Home Affairs analyses those applications that are successful so that it can actually use that information in informing future decisions about who to exclude, from getting access to temporary basis,” said chief executive of Refugee Council of Australia, Paul Power.

Paul Power, Chief Executive of Refugee Council of Australia

Paul Power, Chief Executive of Refugee Council of Australia

Due to COVID-19, not only are refugees applications getting refused but people who have been granted visas cannot travel due to border closures.

“The Morrison government has introduced this complex web of international travel restrictions and exemptions, which allow some families to reunite but arbitrarily keep others separated,” Ms Langbein said. 

Since the federal government’s decision to put refugee resettlement programs on hold, thousands of people are living in limbo. 

While compelling cases tend to get prioritised to enter Australia, Nadia* said her case did not.

Nadia's real name and identity cannot be used for security reasons and to not curb her visa chances.

What makes a case compelling or in legal terms ‘high merit’ is to include a widowed wife or mother, a single woman in vulnerable circumstances, plus someone who is subject to persecution and/or discrimination, according to Caitlin Caldwell from Australian Lawyers for Human Rights.

Nadia, 67, has been living in Jordan for six years and fits into all of those categories.

She left Iraq after two of her four children went to Jordan to escape religious persecution from ISIS. She was and is still alone.

In 2016, the Australian Embassy in Jordan held an interview with Nadia which resulted in tears. Nadia described the interviewer’s attitude and treatment as “harsh”.

“She told me that even if she grants me a visa, it will be at my own cost,” Nadia said. 

Later, she received a letter of refusal: 

Nadia's letter of refusal. Some details are removed to avoid revealing Nadia's identity. (Supplied)

Nadia's letter of refusal for refugee status

There is a "lack of compassion" behind the resettlement program, said Ms Caldwell.

Nadia's letter of refusal. Some details are removed to avoid revealing Nadia's identity. (Supplied)

Nadia's letter of refusal for refugee status

She said many refusals are another way of saying, “I've assessed your application against compelling circumstances and I don't find those compelling enough circumstances to grant a visa in this case.”

But on paper, Nadia thought her case would have been a shoo-in.

When Nadia's children tried adding her to their application, the embassy did not approve because she had come separately. 

“Living on your own for six years as a refugee is very difficult,” Nadia said. 

Especially back in 2020 when they went into a lockdown for two months and she could not see anyone. 

Nadia spends her time visiting her neighbours, cooking and attending church.

The friends she has made look after her and take her out for picnics and trips.

But she misses her children and grandchildren and holds onto social media to be able to connect with them.

There should be a reprioritisation of Australian migration laws and policies helping reunite families and loved ones, rather than preventing it from happening, according to Ms Langbien.

“We really need policies that are aiming to bring families back together,” she said. 

Australia gives applications of split families a “special consideration”, according to the Department of Home Affairs website. However, Ms Caldwell said there is “red tape” and “refugees have been used as a political football for years”.

Caitlin Caldwell, solicitor and migrant agent at Australian Lawyers for Human Rights

Caitlin Caldwell, solicitor and migrant agent at Australian Lawyers for Human Rights

While refugees have become familiar with the “unknown future”, Ms Caldwell said the communication with applicants, proposers and agents “diminished” over the years.

“I keep my phone in my hands not just out of fear of missing a call from the embassy, but it brings me a lot of joy when my phone rings and it's a text message or a call from my children and grandchildren,” Nadia said.

UNHCR Jordan told us “places are limited and it is the resettlement countries, not UNHCR, who decides how many refugees they will resettle”.

The Department of Home Affairs declined our request for comment.

*Ashur, *Nadia and *Dalo are pseudonyms to protect their identities as refugees.

Photos were taken by Lydia Siamando, Youssef Saudie and supplied by the refugees in Jordan.

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