Time has run out for Bernadette Romulo and her children. The Filipino single-mother and her two Phillipine-born children are being ordered to leave the country by 11 July, after having their deportation day again set back.
The mother, who was meant to leave Australia today with her daughters, will need to leave her eight-year-old son behind because of custody reasons.
"It has been very stressful for us. My youngest son has been very clingy. He is unable to get a good night's sleep, often he wakes up, emotionally disturbed without any apparent reason," she told SBS Filipino.
"It’s difficult because I also have to deal with the children’s stress, my two girls are affected too…so it’s very difficult."
Since Ms Romulo's story aired on SBS Filipino in April, widespread media coverage has seen the mother of three gain huge public support, with her Change.org petition collecting nearly 36,000 signatures.
The Brisbane-based mother arrived in Australia 11 years ago with her two young daughters and her then-husband on a temporary working visa. After the couple separated, she had her son, Giro with a different partner. Ms Romulo and Giro's father subsequently also separated and she became his primary carer. Giro is now eight years old and an Australian citizen but cannot leave Australia for legal reasons.
"I was advised that I won’t be able to come back for three years as I have been holding a bridging visa E for many years while waiting for the result of ministerial intervention application," she said in her latest update.
"It means, if we leave Australia, there’s no guarantee that I can see, kiss and hug my son for 3 years. I can’t let that happen."
On the day Ms Romulo and her daughters were due for deportation, the Department of Home Affairs told SBS Filiipino is could not provide comment on individual cases, but added: "The Assistant Minister only intervenes in a relatively small number of cases which present unique and exceptional circumstances.
Bernadette Romulo and her children. Source: SBS News
"People whose requests for intervention have been unsuccessful and who do not have other matters before the Department are expected to depart Australia."
"Child custody matters are beyond the scope of this Department and are addressed through the appropriate jurisdiction of family law."
Ms Romulo and her children were initially meant to be deported on May 8 but were granted a reprieve until June 14.
But now, they have been issued their final warning. On July 11 they have been told they must leave the country.
The family's lawyer, Angus Francis, who is taking the case pro-bono, previously told SBS Filipino the deportation of the boy's mother and two sisters would have a devastating impact on him, and called on Home Affairs Minister Peter Dutton to intervene.
“There are other cases that have been brought to the minister’s attention and the minister has intervened in the past and we’re calling on him again," he said.
At a press conference shortly after Ms Romulo and her daughters were granted their first reprieve, Mr Dutton told SBS News he couldn't comment on individual cases but said the Home Affairs Office had "good reason" whether it intervened or not. He also added, "I know there is a lot of emotion around many of these cases, sometimes it makes cheap TV.
“So we have those tough decisions to make, but as I say, we act compassionately in many, many cases that I sign off on each week.”
Under the Migration Act, the minister can still intervene at any time. Section 4.2.8 of the legislation’s guidelines states: "Strong compassionate circumstances such that failure to recognise them would result in irreparable harm and continuing hardship to an Australian family unit or an Australian citizen.”
Ms Romulo said she was very grateful for the three reprieves she had already been granted as they gave her more time with her son but urged her supporters to keep calling Assistant Home Affairs Minister Alex Hawke's office to "ask him not to separate a mother from her young Australian-born son who deserves to have a mother like everyone else."
'It's hard living like this, but I am thankful for the extension." Source: C Macintosh
"If our Minister sticks to his decision, it’s going to break our hearts, all of us," she told SBS Filipino.
"I can’t really imagine that my youngest son will be separated from me. But I’m still hoping. I don’t wan’t to think that we are going home.... It’s really painful... and difficult."
"There are times that I felt like giving up, that I am losing hope as this goes on. But at the end of the day, I am still hopeful that there will be a good outcome. I just need to remain strong."
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