The Karami Family

For all the debate and discussion devoted to asylum seekers, little of it settles on the individual stories – the reasons people flee their homeland and set out on dicey journeys seeking something better. Also unnoticed: many with legitimate claims are rejected protection visas and the funding for legal help is drying up.

Last year PILCH began assisting people who had been rejected visas – people like the Karamis.

The family – two brothers, a sister and her one-year-old child – arrived in Australia by boat in 2010 seeking a better life – a life that would give them an identity – something they didn’t have in their own country of Iran because they are Faili Kurds.

Life in Iran was difficult. Hassan, the elder brother, remembers it well: “Our life in Iran was not really easy. There was so much trouble everywhere. Anywhere we would go they would not leave you alone. Anywhere no matter where you were, even in your own home.”

Hassan is referring to the Iranian Basij – a volunteer militia armed with knives, bars and chains who take their orders from the Iranian Revolutionary Guards. He remembers, “At school they would bother my brother (Mohammed). They would bother myself if I would go with him. At home even they would bother us, at work.”

Hassan was first approached to join the military in year 9 by fellow students. He resisted their invitation and was subsequently injured in a hit and run. He was in a coma for a month and sustained brain damage. As a result he stopped going to school; he rarely left the house, risking quick trips only to go to work.

In March 2010 he was arrested for participating in a demonstration he wasn’t a part of. For this he spent one week in Basij barracks where he endured physical abuse. Afraid for his life he promised to join the Basij. Days later he was again abducted and was told if he didn’t join them his family would be killed one by one in front of him.

It was then that their perilous journey to Australia began. “Dad had had enough and I decided to find someone who could get us out of there,” Hassan said. “[We] found a smuggler that helped us with bringing us to Australia and basically he promised that he can get us to Australia and we came here with a hope of a better life.”

They rescinded their documentation to officials in Tehran and flew to Indonesia where they began a 15 day journey to Christmas Island on a boat “that was basically a bunch of boards”. Life on Christmas Island for the family wasn’t too bad – “we had comfort of mind, something that we never had in Iran,” Mohammed said.

Things would soon take a turn for the worse – they had two requests for asylum rejected because the reviewer did not accept they had a claim based on their persecution or that they were Faili Kurds. The result was a blow to the family. Mohammed recalls, “The thing is that when we thought about what we had gone through to get there and what would happen to us if we were to go back...the thought of it was so stressful and so fearful...and to think that how much we suffered with a little one (Fatemeh’s baby, Hanan)...on that little boat.”

The family did have compelling evidence to prove that they were Faili Kurds; their half-brother had made the same journey to Australia ten years earlier and had been granted asylum. He indicated he was available to give evidence backing his siblings’ claim, but he was not given that opportunity.

“They explained some reasons but they were not convincing to me,” Mohammed said. “Not having residency in any other country? Where were we to go from here? ...it would take the sleep away; it would take the appetite away.”

The family’s caseworker contacted PILCH and the family’s claim was referred to a barrister who advised the family had an arguable case for review in court. The barrister and a Melbourne law firm agreed to represent the family on a pro bono basis and earlier this year the family were successful in court and were recommended for protection visas.

The family were elated with the news. “When I heard I could not wait to get home and tell everyone about it...I wanted to see the reaction of my family members, especially my sister when I would tell them about it,” said Mohamed.

Fatemeh was happy that they finally had an identity: “My child and myself both have identities now because when my child was born she never received any IDs or anything – now she can have one and I can have one.”

It could have been so much different. “Before this we had spoken to various number of lawyers and they had all told us that there is nothing more we do about this,” said Mohammed.

The family are already thinking about their new life. Mohammed and Hassan would like to continue with their studies, Mohammed in Building Management, and Hassan in electronics. Fatemeh’s thoughts are now with her husband who is still in Iran. “My first goal is to bring my husband over because he’s still back there...and his life is in great danger.”

The Karami’s story isn’t unique. PILCH has assisted over 100 individuals so far, people with stories similar to Hassan, Mohammed, Fatemeh and Hanan. Many will be at risk if there is no funding for the work PILCH does.

There is a real appetite amongst lawyers to work pro bono to ensure justice for asylum seekers is delivered; to do that they need organisations like PILCH to refer the clients.

Funding will ensure that when Fatemeh’s husband does make that perilous journey, there is legal help for him here if he needs it.

To support the work we do to with asylum seekers like the Karami family you can join us on the walk, sponsor a walker or donate.

*Names have been changed