HIGHLIGHTS:
- Italian citizen Andrea Tindiani has lived in Australia since 2012 but may not be able to continue after 30 August.
- Mr Tindiani shares his son's caring responsibilities with his ex-partner, based on which he has appealed against his permanent visa rejection.
- He hopes for Andrew Giles to exercise ministerial intervention in his case, which is said to be rare.
Life has taken a drastic turn for Andrea Tindiani and has left him with no options.
All he is left with is hope.
And his son, nine-year-old Marley.
He received a letter from the Administrative Appeals Tribunal (AAT), which rejected the appeal he had made as his last attempt to secure a permanent visa to remain in Australia.
If minister Andrew Giles doesn’t intervene, there’s a real risk for Marley, my son who’s an Australian citizen, with consequences that could be ‘serious and irreversible,’ according to the AAT's letter.Andrea Tindiani
Father and son live in the hope of happier times. Credit: Supplied by Andrea Tindiani
Despite rejecting Mr Tindiani's appeal, the tribunal concluded its assessment by recommending the immigration minister to "consider the exercise of discretion", as otherwise it "would result in serious, ongoing, and irreversible harm and continuing hardship to an Australian citizen".
Only a few days left
Under the Migration Act, the immigration minister has discretionary powers to intervene in a limited number of rejected visa cases with compelling and compassionate circumstances and grant permanent residency.
The states that "ministerial intervention is not part of the visa process and very few requests for ministerial intervention are successful. The Minister is not obliged to consider your case or to intervene in your case".
In April, the High Court ruled that the power to intervene or not intervene in such cases must be exercised by the minister personally.
The court gave this verdict after hearing the cases of two appellants whose requests for ministerial intervention had been rejected by the Department of Home Affairs.
Alessia Comandini, a registered migration agent, told SBS Italian that the possibility of such an intervention is very limited and it "only applies to exceptional cases".
Ms Comandini adds that she's not aware of any official statistics on the success rate of such attempts.
Based on my personal experience, I'd say something around 10 per cent seems appropriate.Alessia Comandini, Registered migration agent
If things don’t move, Mr Tindiani will have to leave the country on August 30.
Andrea Tindiani with newborn Marley. Source: SBS / Supplied by Andrea Tindiani
I have no idea what to do. I can’t steal. I want to be here legitimately. I have been here for 11 years and have a lot to offer.Andrea Tindiani
“The future I try and present to Marley is not a future where I’m gone, it’s a future where I am there with him,” he tells SBS Italian.
‘Marley, a beautiful gift’
From Verona, Italy, Mr Tindiani first came to Australia 11 years ago on a Working Holiday Visa, the preferred option for many international backpackers who want to travel the country and earn some money on the way.
As it happened, he fell in love with Australia, and, not only with Australia.
A short relationship with an Australian woman, Emily, resulted in what Andrea calls “a gift”, their son Marley.
Although Mr Tindiani and his partner have drifted apart, they never stopped working for Marley’s well-being.
Marley with mum and dad, Emily and Andrea, who says, 'we are a strong family', even though they have separated. Credit: Supplied by Andrea Tindiani
Living together at first and then separately, the couple had found a way to make things work, with Mr Tindiani being able to secure a sponsorship for a permanent visa from his former employer.
In 2016, due to the restructuring of the company he worked with, Mr Tindiani lost his job, and with that, his right to stay in Australia.
From then on, he went through a long series of temporary visas, including a second working holiday visa and three consecutive student visas.
Throughout this time, I kept checking if there was a way for me to stay, I wanted to be legitimate. I’ve always done things properly.Andrea Tindiani
Marley with his dad and Italian grandparents, who haven't seen him for five years. Source: SBS / Supplied by Andrea Tindiani
Some parent visas that are available have a waiting time of 30 years, and you have to wait outside of the country.Andrea Tindiani
“My son would be 39 then,” Mr Tindiani says.
“Another visa lets you stay on but doesn’t allow you to work and I have to support myself and my family.”
“Anyone we shared our story with says, that cannot be true. It’s against all logic,” he adds.
Marley would love to spend Father's Day with his dad. Credit: Supplied by Andrea Tindiani
It’s Father’s Day in a few weeks. The idea that Marley may not have his father around then... he doesn’t deserve that, no child deserves that.Andrea Tindiani
SBS Italian has requested a comment from immigration minister Andrew Giles but no reply was received till the time of publishing this story.
However, the Department of Home Affairs wrote back stating that “due to privacy considerations, the minister is typically unable to comment on individual cases”.
