An Australian man has accused the Department of Home Affairs of “playing with people’s emotions” over its refusal to recognise his relationship with an Indonesian woman applying to return to Australia.
Key points:
- Although Centrelink has recognised their relationship, Home Affairs is refusing to let the Balinese partner of a Cairns man into the country
- The couple say they have provided a vast amount of evidence to prove their relationship is genuine
- An immigration lawyer says a high degree of scrutiny has been placed on people applying for travel exemptions during the pandemic
Cairns resident Todd Hartley and Kimi Santoso have given approximately 20,000 text messages to the department in their bid to get her back to the country amid international travel restrictions.
The Balinese woman holds a current Australian tourist visa but was visiting relatives in Bali when borders closed due to coronavirus.
The pair have been separated ever since.
“We love each other dearly,” Mr Hartley said.
According to the Department of Home Affairs, visa holders in a de facto relationship with Australian citizens may be eligible for an exemption to travel to Australia.
But Ms Santoso’s application has now been rejected twice.
Selfies, statements and letters
Home Affairs said it was not satisfied she and Mr Hartley were in a de facto relationship based on the evidence they provided.
It included thousands of text messages, selfies taken on romantic holidays, bank statements and letters from friends confirming the pair were a couple.
Mr Hartley, who met Ms Santoso on a holiday in Bali three years ago, said the ordeal was confusing and distressing because their relationship had already been recognised by another Federal Government department.
“I’m an Australian citizen, she’s my partner,” he said.
“We’ve already proven that.”
Centrelink blamed for error
Mr Hartley said the decision to reject Ms Santoso’s applications could be related to a mistake made by Services Australia, which incorrectly listed him as “single” in his application for the JobSeeker payment early this year.
Centrelink has now corrected the mistake and recognised the pair as being in a relationship.
“We apologise for any inconvenience we may have caused and will continue to work with Mr Hartley to address his concerns,” Services Australia general manager Hank Jongen said.
Mr Jongen denied the error was linked to Ms Santoso’s immigration request.
“The Department of Home Affairs does not use data from Services Australia to confirm de facto relationships for the purpose of confirming travel information,” he said.
Home Affairs has not responded to the ABC’s questions regarding the couple’s concerns.
Four months apart
Mr Hartley said it had been an extremely stressful time for the pair.
“It has affected our relationship, it’s cause a lot of stress and duress,” he said.
“It’s not healthy to not be able to see your partner and support your partner.
“We want to be together.
“We have a lot of fun times, we laugh and giggle, we like to do things together and now it’s not happening.”
He said the Home Affairs Department had provided no further justification for its decision and no avenue for a review.
Scrutiny on relationships
Immigration lawyer Frank Laza said the Government seemed to be increasing its scrutiny on people applying for entry to Australia during the pandemic.
His Cairns-based firm is currently trying to assist a Scandinavian woman who is married to an Australian citizen with her application for a tourist visa.
“Although they are married and there is a marriage certificate, [Immigration] wanted more information into their relationship,” Mr Laza said.
He said the coronavirus had created confusion for people wanting to enter or leave Australia.
