Rathy Barthlote and her family have been trapped in the limbo of Australia’s immigration system for more than 10 years. The family came over by boat in 2013. At the time, the Abbott government was rolling out their controversial ‘Fast Track’ system which sought to process asylum seekers claims in record time. Though the policy was intended to speed up decision-making, it has resulted in limbo for many, Barthlote included.
Rathy Barthlote is one of approximately 8,000 asylum seekers who landed in Australia by boat during the years between 2012 and 2013. Sadly for their cause, their claims were eventually dismissed. Barthlote was denied at first, but she appealed the denial and won. Now, over six years later, she is still waiting for a hearing. The lengthy procedure magnifies the judgement and bias individuals seeking asylum face when coming to Australia. It shows their incredible ingenuity and determination to make a life in a new home.
Barthlote’s family, which includes her husband Barthlote Selvaraja and their two daughters, has lived in Melbourne’s western suburbs since 2014. Selvaraja now has a firm family footing in Melbourne, where she has worked as both a forklift driver and in aged care. Their 11-year-old daughter, Lolitta, born in Australia, has now automatically matured into a citizen with full rights. In stark contrast, their 16-year-old daughter, Logitha, is still a tertiary education asylum seeker with far fewer rights, hindering her access to future higher education.
A Decade of Uncertainty
Rathy Barthlote’s case is emblematic of a systemic issue of how this country treats long-term asylum seekers and refugees. For more than 10 years, she has struggled unsuccessfully to achieve refugee status. She recalls her life as one of doubt and insecurity.
“For years and years, we are in limbo, building lives on unstable ground,” – Rathy Barthlote
Barthlote’s frustrations resonate with many families like hers, who have invested significant time and effort into establishing their lives in Australia. The emotional toll of this is clear as Rathy describes the anxiety she has about her daughters.
“My older daughter has occasionally asked whether she would be separated from her younger sibling,” – Rathy Barthlote
This uncertainty is more than just bureaucratic red tape. It shapes their social and emotional well-being, sense of community and acceptance, academic success, and career aspirations. In discussing this fight, Rathy is insistent on making it clear that their lives are deeply connected to the community they’ve come to know.
“Their friendships, schooling and sense of belonging are all here,” – Rathy Barthlote
Calls for Change
Former Coalition immigration minister Alex Hawke was alarmed by cases like Barthlote’s. He implores the government to start making bold moves. He considers people who have long-term residency in Australia to merit consideration for permanent visas. Such designation would recognize their influence as part of the fabric of the community.
“People have been here a long time. And the reality of their condition is that they will be staying here,” – Alex Hawke
Hawke’s remarks underscore an increasing attitude shift that we’re hearing from advocates and the political class. They say it’s high time for the Labor Party to face these long festering concerns directly. While he agrees there are challenges, he feels most of them are not difficult anymore.
“It’s time the Labor Party committed to resolving the issues. Some of those are tricky, but a lot of them are now no longer tricky,” – Alex Hawke
Groups representing asylum seekers have equally highlighted the importance of clear, just, and fair processing of refugee claims. Sanjati Verma of the Indian American advocacy group IMPACT tells us about the gaps and misalignments in the system.
“There is no clear rationale or consistency as to who is afforded this treatment and who is not,” – Sanmati Verma
The Human Cost
The consequences of delayed visa processing don’t stop at legal status. They take a heavy toll on families’ emotional and psychological health. For Rathy Barthlote, the unknown about Logitha’s future has taken a toll on her spirit.
“One child has everything, the other child is worried about her future,” – Rathy Barthlote
While Rathy and Selvaraja work diligently to provide for their family, the fear of potential separation due to immigration issues lingers. Having entered the United States as an asylum seeker, Logitha encounters obstacles that her sister does not. For example, if they remain on bridging visas, Logitha will need to enter university as an international student.
In response to these concerns, a spokesperson for the Home Affairs Department stated that … They announced that people who have no legal basis for remaining in Australia should be encouraged to depart voluntarily.
“People … who have exhausted all avenues to remain in Australia are expected to depart Australia voluntarily and may be provided assistance to depart,” – Home Affairs Department spokesperson
Rathy Barthlote’s story sheds light on the crushing hurdles each asylum seeker faces alone. It brings to light the urgent need for systemic reform that acknowledges their valuable, perennially under-recognized contributions to society. As her family continues to wait for resolution, they embody the struggles and hopes of many others caught in similar circumstances.
