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Dusty Plains

Sri Lankan Family Faces Deportation

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A Sri Lankan family have been notified that due to the death of the Husband and Father. 

The Mother, Ms Udawatta moved to Kempsey in 2016 to join her husband Raj, who migrated from Sri Lanka on a 457 temporary work visa two years earlier. Her husband was the primary visa holder for the family and soon became well-liked in the community. As a mechanic, he often helped fix people's cars on weekends and after hours at no extra cost.

The  husband, Raj Udawatta, was diagnosed with bowel cancer in 2018 and became so ill he could no longer work — a key requirement of his temporary skilled visa.

Fearing deportation, Florence Udawatta applied for protection visas, but her husband died from Bowel cancer. Less than a month later, the department notified Ms Udawatta that her protection visa applications had been rejected. It gave her one month to appeal the decision or leave the country.

 Lets hope that the Immigration minister uses his discretion in favour of the family.

https://www.msn.com/en-au/news/australia/sri-lankan-family-living-in-kempsey-facing-deportation-following-fathers-death/ar-BB1aVN2n

Edited by Dusty Plains
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I feel sorry for them, but the fact is they were in Australia on a temporary visa which is dependent on the visa holder having a job.  So it's not like they didn't know their situation.

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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23 minutes ago, Marisawright said:

I feel sorry for them, but the fact is they were in Australia on a temporary visa which is dependent on the visa holder having a job.  So it's not like they didn't know their situation.

Apparently the family has a house in Colombo, according to the news item. Lets see what happens to them.

 

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1 hour ago, Marisawright said:

I feel sorry for them, but the fact is they were in Australia on a temporary visa which is dependent on the visa holder having a job.  So it's not like they didn't know their situation.

It's a bit different to losing your job and having to go home as a family which everyone knows is a risk.  Some discretion for those suffering a tragedy makes sense.

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PR (100) Planning to move to Perth September 2021

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It sounds a very sad case but when you drill it down it’s this.....he lost his job so they would all have to return home which they knew was always a possibility.  Now they are returning without him which is terrible but they’re without him anyway. There are many nice people who are liked in a community but you can’t let everyone stay based on that. The reality is if they get to stay it’s through kindness (which I’m not saying would be wrong as it’s a dreadful situation) but take emotion away and it’s cut and dry they don’t quality. They have their own house in a safe country and they were in Australia on a temporary visa. Sure they hoped to stay, as do thousands. 

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9 hours ago, Jon the Hat said:

It's a bit different to losing your job and having to go home as a family which everyone knows is a risk.  Some discretion for those suffering a tragedy makes sense.

But it's not discretion, it's setting a legal precedent..Once you have one case granted in spite of the family being on a temp visa and having a safe home to go to, you've opened the floodgates.

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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1 hour ago, DrDougster said:

Don't you get such a warm fuzzy feeling reading this thread?!

Poor family, I hope they get to stay.

I guess it's because we've seen so many people with genuine cases refused, that we react as we do.   I do feel sorry for this family.   They obviously came to Australia believing the lie so many are told by unscrupulous migration agents - that the 457 visa was a guaranteed way to get permanent residency in Australia.  The son is complaining that he won't be able to achieve his dream of studying as a doctor - but that was always a long shot anyway, even if his father had lived, since they were on a short-term visa.  

They kept their home in Colombo and they are not claiming they'll be in any danger if they go home.  If they did, I'd see the case very differently. 

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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I agree with Marisa, it doesn’t make me a bad person, when my daughter was on a 457, if she lost her job, there was only a small window to find a job, 28days? before she would have to leave the country.  Those were the conditions of the visa.i can’t remember when the timescale changed but 28 days was harsh.

It’s one thing taking the chance as a single person, but when a family is concerned it’s a big risk to take, there are countless warnings pointing out the reality of having to leave at the end of the visa. Families feel settled here, but it is an illusion as it’s a temporary visa with absolutely no guarantee of PR after 4 years or longer.

Whenever a case shows a human face rather than just a statistic, it makes the reality of the situation harder. I genuinely don’t remember how many hard luck stories there have been since I have been on PIO, but this certainly isn’t the first.

If you don’t meet the criteria of a visa, you can fight it, you might win?  but ultimately you have to accept the decision.

If  you fail the medical medical for a visa then it’s very doubtful you can get a visa. If you have a medical condition that is going to cost the country over a certain amount long term, you might not get a visa.

Edited by ramot
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It is tragic, any death is and the circumstances don’t help.  But surely they were going home anyway? It doesn’t indicate that a PR visa had been applied for. They didn’t sell their Sri Lankan home so they have a safe place to return to.

The media like to play up these stories but as Marissa says you can’t just keep making exceptions for people on temporary work visas.  
Yes give them more time maybe on compassionate grounds but I don’t see how they could stay permanently. 


So many wineries ......so little time :yes:

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13 hours ago, Marisawright said:

But it's not discretion, it's setting a legal precedent..Once you have one case granted in spite of the family being on a temp visa and having a safe home to go to, you've opened the floodgates.

The floodgates of people whose partner dies while they are in living in Australia?  Given the restrictions on age to get the visa in the first place this is hardly going to be a flood is it?


PR (100) Planning to move to Perth September 2021

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3 minutes ago, Jon the Hat said:

The floodgates of people whose partner dies while they are in living in Australia?  Given the restrictions on age to get the visa in the first place this is hardly going to be a flood is it?

No, the floodgates on people who are on a temporary visa being given permanent residency just because we feel sorry for them.

They hadn't applied for a permanent visa and they had kept their home in Colombo,

Edited by Marisawright
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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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