Key Points
- The Peñuela family have had a deportation order reversed.
- They received 'overwhelming' community support for their bid to stay.
- They blame a sponsorship error for the deportation order.
Federal Immigration Minister Andrew Giles has suspended a deportation order for the Peñuela family based in Launceston, Tasmania.
César Peñuela told SBS Spanish he received a call from the department on November 15 informing him of the decision, which means his family will remain in Australia.
The call came a day before they were set to be deported, and a month after the initial deportation order was issued.
“We are very happy with the result we just received... my family is very happy," Mr Peñuela said.
"I am very happy for my daughters because I can continue to ensure their education and futures in Australia."
The family - including Mr Peñuela, his wife Claudia Castillo and their two children - had been living in Australia since 2009.
They will now remain with a Bridging Visa E until they receive a response from the government to a new application for permanent residency, which the family is set to submit with the advice of a migration agent.
Following a dream Down Under
The couple said they arrived in Australia with a dream to build a family and life.
They lived in the country holding various visas until Mr Peñuela obtained a regional sponsorship visa through his work, which opened a path to permanent residency.
César Peñuela and his wife, Claudia Castillo, before they became parents. Credit: Facebook
If the sponsored worker meets the requirements, the employer can initiate procedures for the employee to obtain permanent residency.
But in the case of Mr Peñuela, that request was denied by the Administrative Court of Appeals.
According to the Colombian, the application rejection came as a result of a "fault" of his employer, who allegedly failed to provide the necessary documentation for his application to proceed.
Mr Peñuela and his daughters. Credit: Facebook
'Overwhelming' community support
Mr Peñuela said the support the family had received from local political representatives had been overwhelming.
Not only had the Launceston community been very supportive of the family, but the local Northern Rangers football team had also set up a GoFundMe page to help them cover legal and immigration costs, he said.
“We received support from (Liberal parliamentarian) Lara Alexander and (the Liberal member for Bass) Bridget Archer, in Launceston... from Michelle O'Byrne, a local ALP member... they were responsible for gathering together all of the documentation,” he explained.
The documents, later submitted to Mr Giles, included details of the essential work his wife had been doing in the aged care sector, as well as the volunteer work done by the couple, and the dedication shown by their daughters both at school and in community sports, he said.
We thank Minister Giles for taking the decision to grant us this bridging visa... which allows us to stay in Australia to receive legal support and be able to apply for residency under other conditions.César Peñuela
“My wife works in aged care, my daughter studies and represents women's football in Tasmania, and my wife and I volunteer in organisations such as Saint Vincent de Paul,” he added.
“Friends from neighbouring schools, the whole community sent their letters, their thoughts about us as a family, as members of the community, and the contributions we have made to the state of Tasmania in five years.”
The family also received letters of support from the Melbourne community, Mr Peñuela said.
When asked about the circumstances of the case, a Home Affairs spokesperson said the department did not comment on individual cases.
"All non-citizens who wish to enter or remain in Australia must satisfy the requirements of the Migration Act 1958 (the Act) and Migration Regulations 1994," the spokesperson said.
"It is a visa holder’s responsibility to maintain a lawful immigration status while they remain in Australia.
"Individuals who no longer hold a valid visa are expected to depart Australia."
The trauma caused by deportation
The stress of their ordeal began as soon as they learned that they could no longer stay in Australia, the couple said.
The family had to sell all of their belongings, leave Launceston and move to Melbourne, ready for their mandated return to Colombia.
But, with the cancellation of the order, the family can now return to Launceston to continue building their new lives in Australia.
Mr Peñuela admits that it has been an extremely stressful and destabilising experience, especially for the couple's daughters.
“My seven-year-old daughter asked me; 'What's going on? Are we leaving or are we staying?' It's a little difficult to explain to her so that she understands everything that's going on," he said.
A future in Tasmania beckons
Upon learning of the "unimaginable" deportation reversal, Mr Peñuela said his girls were "very happy” to be able to return to their routines in Launceston.
“(To the youngest) we told her that she was going to return to her classroom, to her friends, to her gymnastics activities, because after the last Olympic Games, the idea of representing Australia at the Olympic Games through gymnastics began to grow in her," Mr Peñuela said.
“My oldest daughter is very happy because she is the one who has focused a lot on women's football, which has taken off in recent years in Australia and the world, and right now her team in Tasmania is competing at the end of the season. She is once again part of the team's roster to finish 2022 and start 2023.”
He said it had been a challenging period for the family, which must now prepare to deal with a second phase; filing a new application for permanent residency and waiting on a response from the government.
However, Mr Peñuela said he is extremely grateful to receive a "second chance" to extend his stay in Australia and return to Launceston.
We'll have to continue like this, step by step, it's like this... it's how my wife and I have always done things in 13 years... step by step... everything in its own time.
And while they prepare to return to their normal lives, the four football lovers say they are happy to be able to cheer on the Australian national team in the World Cup, from Launceston, even though they will have to “...get a television to tune in to SBS”, after they got rid of all their belongings because of the deportation order.
“I have teams that I am going to support in this World Cup, Australia and Argentina. I have my Argentinian shirt, and I think this is the year in which Messi will become a world champion, he deserves it, he is a great athlete. Australia and Argentina are my favourite teams,” Mr Peñuela said.
