A Filipino single mother has been given a short reprieve from deportation and separation from her eight-year-old Australian-born son, but could still be sent back to the Philippines.
Bernadette Romulo on Tuesday morning appealed in an emotional video to Home Affairs Minister Peter Dutton to intervene in her case.
Ms Romulo, 40, is her son Giro's primary carer. Giro cannot leave Australia for legal reasons.
Her application for permanent residency was rejected by Assistant Immigration Minister Alex Hawke in December. She has lived in Australia for 11 years.
Ms Romulo's bridging visa expired on Tuesday and she reported to the immigration department in Brisbane with her two overseas-born daughters from a previous relationship.
"Bernadette has another few weeks (in Australia), but is still on departure grounds," her pro bono lawyer Angus Francis told SBS News after the meeting.
“A bridging visa has been granted on departure grounds to make arrangements to leave the country.
“There is no ministerial intervention at this point and the department has indicated it refused to intervene after a comprehensive assessment of the case. We’re calling on Minister Dutton to consider the matter personally.”
The single mother’s case is complicated. Her young daughters were born overseas to a previous partner and are dependent on her bridging visa.
“The reason I’m still here (in Australia) is because of my son. I’m a mother. Giro was still a baby. I just kept hoping and fighting to be with him,” Ms Romulo told SBS News on Monday.
“All I can think is to be with my family. My kids.”
Bernadette Romulo and son Giro. Source: SBS
She arrived in Australia with her daughters on a 457 partner visa in 2006 with her then-husband.
When the marriage ended, she began a relationship with the Filipino-Australian father of Giro. But after Giro's birth, this relationship fell apart.
After years of pursuing permanent residency, Ms Romulo was finally rejected by the department three years ago, and she was told just four days before Christmas there would be no ministerial intervention.
“Without commenting on an individual case, there are cases that are brought to us on a regular basis in terms of a possible exercise of ministerial Intervention and there are a number of cases where I deal with them,” Mr Dutton said at a press conference on Monday when pressed on the issue.
“We don't seek publicity, we don't publicise them. Members of parliament bring those to our attention. Members of the public, the press, wherever it might be, and we look at the individual merit of those cases. But in some cases we take a decision for good reason not to act and I just ask people. I know there is a lot of emotion around many of these cases, sometimes it makes cheap TV.
“So we have those tough decisions to make, but as I say we act compassionately in many, many cases that I sign off on each week.”
Under the Migration Act, the minister can still intervene at any time.
Bernadette Romulo with her children. Source: SBS News
Section 4.2.8 of the legislation’s guidelines states: "Strong compassionate circumstances such that failure to recognise them would result in irreparable harm and continuing hardship to an Australian family unit or an Australian citizen”.
Ms Romulo’s pro-bono lawyer, Dr Angus Francis, said: "This case is unique in the sense that Bernadette has been here many years, has two daughters, an Australian-citizen son. It’s a compelling case, an anomaly, she’s fallen through the cracks.
“There are other cases that have been brought to the minister’s attention and the minister has intervened in the past and we’re calling on him again.
“When there’s domestic violence when a woman is on a provisional spouse visa the law allows that if they separate to get a permanent visa.
“Bernadette Romulo was never on a provisional spouse visa and in those cases, the minister has intervened in recognition of the fact that we’re trying to protect migrant women from domestic violence.”
Ms Romulo is Giro’s primary carer, but has joint custody, and is preparing him for her departure.
“I told Giro everything, that I might leave on Tuesday, and he said, ’It’s going to be Mother's Day on the 13th and how am I going to give you my present?’” she said.
“He’s having nightmares already that someone is separating our family, at night time he just holds my hand while he’s asleep.
“I’m 40 now. I don’t know what’s going to happen to me, and I don’t know what’s going to happen to him, I don’t know.”
Giro has prepared an early Mother's Day card.
“Dear Mummy. You have a heart bigger than the universe. You’re more important to me than anything else, I hope your memory will live on forever,” he reads from his handwritten message.
Australian-born Giro with his Mother's Day card. Source: Stefan Armbruster SBS
Minister Dutton's office referred inquiries about the pair's futures back to the office of Assistant Minister for Immigration Alex Hawke, who initially rejected Ms Romulo’s application to stay.
“This case has been comprehensively assessed by the Department and the Assistant Minister,” a statement said.
“What is or is not in the public interest is entirely a matter for the Assistant Minister considering each case on its own merits.
“The Assistant Minister only intervenes in a relatively small number of cases which present unique and exceptional circumstances.
“Child custody matters are beyond the scope of this Department and are addressed through the appropriate jurisdiction of family law.”
Supporters of Ms Romulo have now written to Minister Dutton, including Queensland Labor Senator Murray Watt.
“If Peter Dutton doesn’t grant Ms Romulo a visa to stay here what it means is he is basically breaking up this family,” Senator Watt said.
“This is an unusual situation. A family breakdown, court restrictions about taking a child out of the country.
“Obviously all Australians want to see that our migration laws are complied with but clearly the compassionate and right way to approach this is for Peter Dutton to use his discretion and allow this family to remain in Australia.”
