Key Points
- Rafat* and her three children returned to Pakistan voluntarily at the request of her then husband.
- She claims she divorced her husband after family violence escalated.
- Her ex-partner resisted her renewal of their children's passports effectively trapping them in Pakistan.
Australian citizen, Rafat* (not her real name), says she and her three children moved to Pakistan in 2017 at the request of her former husband to support her in-laws.
Once there, she claims she was abused by her in-laws and her children were humiliated continuously by their father which impacted their health.
"I was subjected to constant mental abuse by his entire family, and physically abused repeatedly by my ex-husband, which led me to finally decide to leave his home in August 2019," she told SBS Urdu.
Anti-domestic violence campaign (Credit: Getty Images)
She says she had planned to return to Australia but that her children's passports had expired during the COVID-19 pandemic.
Rafat says she began the passport renewal process in 2021 by contacting the Australian High Commission in Pakistan.
Rafat claims that inadequate assistance from the commission in Islamabad forced her to escalate her concerns to the Office of the Foreign Minister in Canberra.
"As a result, the high commission granted me an appointment four weeks later," she said.
Rafat says her ex-husband denied consent for the children's Australian passport renewals, resulting in the high commission rejecting the passport applications.
Subsequently, she says she spent a year attempting to resolve the situation, feeling trapped and exiled overseas.
She claims that despite her efforts, neither the Australian Department of Foreign Affairs nor the Australian High Commission in Islamabad reached out to her.
DFAT and the Australian High Commission both abandoned us overseas without showing any (empathy for) me and my children.Rafat
After a year of struggling, Rafat says she contacted officials at the Pakistan Foreign Office, who leveraged their diplomatic relations with the Australian High Commission to expedite matters.
As a result, the matter progressed, enabling Rafat and her children to obtain travel documents and finally leave Pakistan.
Rafat and her children obtained travel documents and finally left Pakistan (Credit: Getty Images). Credit: Lighthousebay/Getty Images
"Others may not be as fortunate and lack the necessary resources and support," she added.
A DFAT spokesperson said the department offered consular support to all Australians overseas and took allegations of family violence seriously.
Rafat said, "Consent laws contain loopholes that favour the perpetrator, and foreign office staff lack proper training. Moreover, the local staff's attitude is to deny access to higher-ranking Australian officers of the high commission at the door."
According to the DFAT spokesperson, the Australian High Commission in Islamabad has multiple staff who conduct passport and notarial interviews with clients. Where necessary, cases were escalated to more senior officers or specialised case officers as appropriate, they said.
Shafaq Jaffery, president of the AusPak Women Association (APWA), said her organisation is calling for legal amendments to support Australian women and children abroad in cases where the perpetrator denies consent for their passport applications.
The APWA seeks changes to the law to ensure victims and their children receive the necessary support and documentation to return safely to Australia.Shafaq Jaffery
“Many victims suffer mental stress and trauma due to their inability to return to Australia, and even if they manage to come back with special travel documents, they still struggle to obtain Australian passports,” Shafaq said.
'Incorrect, misleading information'
Rafat claims that some of the information provided by local staff of the high commission had been "incorrect and misleading".
"(As an example,) I contacted the commission in February to ask if I could try the option of travelling to Australia on Pakistani passports and was told this was not an option. This was later contradicted by advice given to me by the first secretary of home affairs," she added.
Department of Foreign Affairs and Trade building - Canberra (Credit: DFAT Twitter)
Sydney-based solicitor, Ejaz Khan, says that if Australians are overseas and their children's passports expire then both parents' consent is required which is sometimes a problem.
If someone was in this situation then they had to contact the High Commissioner and register on the besides seeking help from the Australian foreign office, Mr Khan said.
Registering with the Australian government's Smart Traveller site is imperative, as it ensures that necessary help and rescue will be readily available in case of any emergency.Ejaz Khan, solicitor
Rafat says her "battle" is still only half-won as her children are still without passports and unable to travel with her or go on holiday. "I will continue this battle," she added.
I am in Australia but I do want to raise my voice and ensure others do not have to go through this situation in future.Rafat
Mr Khan told SBS Urdu that the Australian Family Law Act says that both parents should contribute equally to the upbringing of their children unless there were serious issues of domestic violence, drugs and/or alcohol.
"The Australian Family Court has limited or no jurisdiction over other countries," Mr Khan added.
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*Name concealed for safety reasons
