The protection visa process for people seeking asylum in Australia is internationally recognised as long and tortuous.

While people seeking asylum may be granted a bridging visa, allowing them to live lawfully whilst their claims for protection are processed, there are sections of Australia’s Migration Act that currently allow the Minister of Home Affairs to exercise his ‘God-like powers’ to deny people this life-line. The exercise of this executive power has left many people living in the community with no visa, without the right to work or study, and unable to access basic services such as Medicare and Centrelink.  

Our report examines the unjust and unfair effects of these sections of the Migration Act, specifically sections 46A, 46B and 91K. Our research has demonstrated that denying rights, security and stability to people seeing asylum and refugees not only significantly impacts their mental and physical health, but also puts enormous strain on the community organisations who support them.

The 2020 COVID-19 pandemic has compounded the vulnerability of these people living in the community without valid visas, demonstrating that the access to a basic standard of living is as much a public health concern as it is an individual concern.  Now and going forward, we stress the need for transparency surrounding the Minister’s decision-making process regarding bridging visas so that everyone living in Australia is supported, particularly in times of crisis.