National Reconciliation Week – Rosa’s Story

National Reconciliation Week is a time for all Australians to learn about the shared histories, cultures, and achievements of Aboriginal and Torres Strait Islander peoples. It’s also a time to reflect on how we can contribute to reconciliation through meaningful actions, including within our legal and policy systems, where real change can safeguard cultural identity and connection for future generations. 

Rosa’s story highlights the vital role that advocacy can play within the migration system. Her case demonstrates how legal efforts can help maintain cultural ties, even when navigating complex policy frameworks. Her children can now grow up on Country — a right essential to reconciliation in practice. 

Rosa’s story: Upholding a mother’s right to stay — and her children’s right to culture 

Rosa*, a citizen of the Philippines and mother of two Australian children of Aboriginal heritage, was referred to our office by a family violence refuge. Having separated from the children’s father for her safety and that of the children, Rosa found herself in Australia on a visitor visa, with no Partner visa ever lodged due to financial constraints during the relationship. 

Despite her long-term residence in Australia and deep ties to the community, Rosa had no viable visa options. Her situation fell outside the scope of the usual family violence exemptions in the migration framework, and without a valid visa, she was at risk of removal from Australia. 

We advised that her only possible pathway to remain was through an application for a Protection visa — not on its merits, but as a legal mechanism to access Ministerial Intervention. This would allow the Minister to consider exercising discretionary powers under section 417 of the Migration Act 1958 (Cth), in the public interest. 

For nearly two and half years, we supported Rosa through every stage of this complex process: 

• Protection Visa: we provided detailed guidance on preparing and lodging the application, knowing it would be refused.

• Tribunal Appeal: we assisted with the Administrative Appeals Tribunal^ (AAT) appeal and drafted a submission requesting a referral to the Ministerial Intervention Unit (MIU), arguing that removal would be contrary to the best interests of her children — young Aboriginal Australians with a right to remain connected to their community, culture, and Country. 

• Ministerial Intervention: following the AAT’s rare decision to issue a referral, we prepared bridging visa applications, liaised with community organisations, responded to multiple MIU requests, and made final submissions referencing Australia’s obligations under the Convention on the Rights of the Child and the UN Declaration on the Rights of Indigenous Peoples. 

Minister Giles exercised his non-compellable power and granted Rosa permanent residency in Australia. 

Reflecting on the outcome, Rosa shared her appreciation: 

“I want to express my heartfelt gratitude for your unwavering assistance in my pursuit of permanent residency here in Australia. Throughout the years, you have been by my side, tirelessly providing support and guidance. I am truly grateful for your dedication, especially during times when evidence was needed for ministerial intervention. Thank you for everything.” 

This outcome is particularly meaningful during National Reconciliation Week — a time for all Australians to reflect on how we can contribute to reconciliation.

Ensuring that children of Aboriginal heritage can grow up with continuous connection to their culture, Country, and community is a vital step in recognising and respecting the rights of First Nations children and their families. 

Rosa’s case affirms that reconciliation is not only symbolic, it must also be reflected in all systems, policies, and decisions that protect cultural identity and uphold human rights. 

We thank Rosa for her trust throughout this long and difficult journey, and for allowing her experience to be shared. 

*Real name and photo have not been used. We have withheld identifying details to protect and respect confidentiality.  
^The Administrative Appeals Tribunal (AAT) was replaced by the Administrative Review Tribunal on 14 October 2024.