In September, as Sky Camarce was preparing to take his final exams, he learned that his visa renewal application had been rejected.
He suddenly found himself faced with the very real possibility of having to leave the country.
He is currently awaiting the outcome of an appeal he filed over the “significant risk” he would face if he left the country – while also advocating for fairer immigration laws.
While the appeal isn’t a perfect solution, he said it’s “definitely a relief.”
“There is a lot of uncertainty there, but it gives me a lot of time to re-evaluate where I fit in and to do so at a time when we are not in the middle of my HSCs and in a period of great transition for me,” he declared. .
“That gives me time.”
Camarce left the United Arab Emirates (UAE) for Australia in September 2022 as a secondary visa holder on his mother’s student visa.
When the visa expired in March, they applied for a renewal, but he had turned 18 by the time the decision was made, which meant he was no longer considered a dependent and therefore did not have not met visa requirements.
This meant he was subject to the ban in Section 48 of the Migration Act, which prohibits non-citizens from applying for most visa subcategories while on land.
But the prospect of leaving the country was also risky and, arriving at the end of year 12, it would mean he would not be able to complete his HSC exams and graduate from high school.
He is originally from the Philippines, but most of his family, including his father, still lives in the United Arab Emirates.
“Going abroad to apply for a visa would be a huge risk for me; my ties to my home country are very limited,” he said.
“I’m from the Philippines, but I’ve never actually lived there. So to prove that to the Department of Interior, that would be considered a weak link.
“And my family is based in the UAE, but since they don’t really offer a pathway to citizenship, and it’s mostly long-term visas, the department doesn’t consider that either as a reason for a strong connection with the country.
After filing his appeal with the Administrative Appeals Tribunal (AAT) with the help of a lawyer specializing in migration law, Camarce came up with the idea of pushing for amendments to the Migration Act.
He filed a petition to change the law to standardize the definition of dependency, particularly the student 500 subcategory, which he said should be aligned with other visa subcategories.
He said that although he never intended to become an advocate, he wanted to help others in similar situations.
“It’s kind of something that I’ve developed a passion for, it’s something that I enjoy doing in the time that I have when I’m not studying or working,” he said. declared.
“It adds more passion knowing that it can potentially help many others.”
He is also seeking political support and hopes to speak with Greens education spokesperson Mehreen Faruqi about the temporary residency program and its impact on young migrants.
Although he will be allowed to stay in Australia for as long as his appeal is considered, he is unsure how long that will last. It could remain in limbo for years.
“Recently the AAT was restructured into the ART, so even my lawyers are very uncertain about how this new court will operate,” he said.
“Based on what my lawyers have said, the initial time frame was around 695 days, but after the transition to ART it could be much longer.”
