A top student at a Sydney school has been ordered to leave the country just weeks before his final year exams.
Sky Camarce, a year 12 student and Student Representative Council member at Wyndham College, started at the school in January last year after coming to Australia to join his mother.
The Department of Home Affairs has told Camarce he must leave the country by 24 September, before he can finish his HSC and graduate with his friends.
He said he found out his visa had been rejected while in class.
"My dad forwarded me the emails and I saw that all of theirs (his father, mother, and two younger sisters) were approved," Camarce told SBS News.
"So at first I was like 'good news' and then I had a further look and I was like, 'oh no, this is kind of bit unfortunate'.
"And then reading into it further, it just unravelled more and more."
Sky Camarce (right) and his friend Morgan, who described Sky as a "very smart student". Source: Supplied
Originally from the Philippines, much of his family is now based in the United Arab Emirates. His father is still there, too.
Camarce said he was excited to experience life in Australia and pursue his dream career of working for the Olympics.
"My original plan was moving for university but I thought I would get a head start, get a feel of the life here, the education, the experience in Australia before taking my higher education studies here," he said.
He was living as a secondary visa holder on his mother's student visa. But when this expired in March this year, they reapplied for another when he was still 17 years old.
But he had turned 18 by the time the decision was made which, according to the rules around student visas, meant he was no longer considered a dependent of his mother and therefore failed the visa requirements.
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High school student told to leave the country before his final exams
SBS News
30/08/202410:09
'I fail to see the logic'
This policy is inconsistent with the rules of most other visa types such as partner and humanitarian visas which can allow a child to be considered a dependent up until 23 years old, according to Ali Mojtahedi, a principal solicitor at the Immigration Advice and Rights Centre.
Mojtahedi said that may involve assessing the level of dependency the child has on the primary visa applicant in relation to housing and food, among other factors.
"But for student visas, the regulations don't allow for those factors to be taken into account," Mojtahedi said.
"When Sky was 17 years and 11 months, Sky's dependency on mum was no different to Sky's dependency at 18 years and one month and the department isn't able to take that into account.
"I can't speak to the logic behind it, but I fail to see it."
Camarce and his family were unaware of these regulations and were shocked by the outcome.
Because his visa has now been rejected, he is subject to the Section 48 Bar of the Migration Act which prevents onshore visa applications after a refusal.
This means he'd have to return to the UAE to have the chance to apply for a new visa, a process that could take months.
In the days since this news, Camarce said he hasn't had time to process his emotions as he's been trying to find any way to finish his studies.
"I don't think I've even had time to think about missing out on my year 12 graduation," he said.
"I'm just trying to figure out what I can do right now and putting off feelings for later because there's just no room for feelings at the moment, especially since my time here is very limited and every day is very precious."
Sky's best friend at school, Morgan, said she didn't believe the news at first.
"To be honest, I thought he was just joking at first; I was like 'there's no way this is real'," Morgan said.
"Now I've learned it is real, very stressful times, but, I'm just trying to be there for him now and help support him through it."
She said he's been an incredibly accomplished student during his two years of study.
"Sky's a very smart student, he takes all advanced classes with me. We get good grades together ... it's disappointing to know that he won't be there in the exam hall with us," she said.
A lengthy appeal process
Camarce said despite their limited options for advocacy, Wyndham College has been very supportive of him through this period.
"I'm part of the school community and they're willing to support me in any way they can, even if it's in a very limited way," he said.
While the school couldn't be interviewed for this story, a NSW Department of Education spokesperson told SBS News in a statement that Camarce was a "valued and active member" of the school community.
"We appreciate this is a difficult time for him and we will continue to offer Sky support as he manages the situation to ensure he can achieve his best in his HSC," the spokesperson said.
The Department of Home Affairs said it does not comment on specific cases but have advised Camarce to engage with a migration agent.
Dr Abul Rizvi, the former deputy secretary of the Department of Immigration, said if Camarce were to appeal the rejection of his visa to the Administrative Appeals Tribunal (AAT), he might be able to extend his stay in Australia.
"The volume of the student refusals at the AAT is huge," Rizvi said. "While the AAT considers the appeal, there's no way the decision would be made this year."
This appeal, if rejected, could then be taken to Immigration Minister Tony Burke who .
But it's a process that generally takes years and there's no assurance of a positive outcome.
Dr Abul Rizvi, the former deputy secretary of the Department of Immigration, said there's "no way a decision would be made this year" if Sky Camarce were to appeal his visa rejection. Source: SBS News / Ewa Staszewska
"They informed me that lodging an appeal would be an unethical process in my case as I would really have no grounds for appeal due to the clear regulation," Camarce said.
"They have informed me that it is an option if I really wanted to continue my HSC in Australia ... [but] this is not an option I am currently exploring because I don't believe in exploiting such processes as well."
He said his efforts to canvas his local member Michelle Rowland, Burke, and others have been part of an effort to get the student visa legislation re-examined and amended.
Mojtahedi said the inability of decision-makers to consider the circumstances of those in Camarce's position is evidence of a poorly designed law.
"Giving decision-makers the ability to consider these circumstances at this lower stage is so much better than having the \visa refused and then putting a person in a situation where they have to fork out thousands of dollars and years of their time to get to the minister so that the minister can decide whether or not they're going to exercise this broad power," Mojtahedi said.
In preparation for his likely departure from his friends and mother in Australia, Camarce has pursued the NSW Education Standards Authority (NESA) for an option to sit his exams — which begin on 15 October — abroad.
"In exceptional circumstances, a student may apply to sit exams outside of New South Wales...NESA considers the evidence of each application and works with the student to arrange invigilated exams from a suitable location," a NESA spokesperson said in a statement.
Camarce said regardless of whether the request is granted, he's disappointed he will likely miss out on the small moments of connection with his peers and his school formal.
"Even doing my HSC exam overseas, there's kind of that experience of sitting in with your friends and seeing all your friends focus on their work," he said.
"It kind of motivates you, pushes you further. It's the tiny things like speaking to them after and asking, 'oh, how did you do?'.
"It's just unfortunate that I'll have to miss out on all of that."
