A South African couple who have resided in Australia for 12 years are facing deportation following a visa processing error they claim is not their fault. Rory and Michelle, who settled in regional Queensland, were informed by the Department of Home Affairs that they had been unlawfully in Australia for nine days in 2023.
Michelle told A Current Affair that she was taken aback when informed about the nine-day period, stating that the government agency's processing of their visa renewal paperwork took an additional nine days, ultimately ending their ability to remain in Australia. She asserts that she has emails proving they were not at fault and that the delay was due to the department's processing times.
"We've given Australia all we have over the last 12 years," Michelle said. "We've always been conscious of paying our taxes and being employed and making sure our boys are always doing the right thing and working." Rory added that despite navigating numerous requirements, they felt they had done everything correctly. "Immigration is a sensitive thing, but we've done everything right."
The couple, who moved to Australia on a skilled work visa, have until October to leave under their bridging visa. However, Rory indicated they would depart next week, as months of appeals have left them without income. "The boxes are packed and we've got to make a decision. We can't afford to be here without being able to work."
If their appeal is unsuccessful, Rory and Michelle could be barred from re-entering Australia for at least three years. Rory, a former riot squad police officer in South Africa, described his initial experience in Australia as a stark contrast to his previous life, valuing the absence of security measures common in his home country.
"It was clean ... sleeping with no burglar bars, no walls, no electric fences," he said. "I fell in love from day one." The couple found work in regional Queensland, contributing to the area's skills shortages. A spokesperson for the Department of Home Affairs stated that they could not comment on individual cases due to privacy concerns. The department encourages all applicants seeking a visa decision review to do so at the earliest opportunity to maintain lawful status. They also noted that a Judicial Review BVA cannot be granted until the Federal Court confirms a judicial review application has been submitted. Daily Mail has contacted the Department of Home Affairs for further comment.