The Department of Home Affairs has apparently reversed its earlier decision to deny visas to 14 African student performers set to participate in a major cultural exchange program.
Marsha Gusti, president and founder of KwaYa Australia, said she received a phone call from a government representative on Tuesday advising that all visas were now granted after new applications were lodged with additional information.
"I was shocked, it's not something that's usually done," Gusti said.
"When I told the students the good news, it was very early in the morning in Uganda. They were all sitting at a table on the video call and when I said that the government reconsidered and that they were now all approved, they all cheered and danced. I was something like I've never seen.
"I'm beyond grateful."
The group is set to perform as part of the Ubuntu Africa Tour organised by KwaYa Australia, a not-for-profit organisation that fosters cultural exchange and education for Ugandan children through music and outreach.
KwaYa Australia has planned an eight-week schedule of events aimed at promoting cultural understanding and raising funds for African youth programs. It has previously run five national tours successfully under the same initiative.
They are due to arrive in Australia this Friday.
Visa refusals forced potential tour cancellation
The performers had applied for the GG-408 Entertainment Activity Visa under the Cultural Subclass, designed to support programs that promote international cultural exchange.
However, all 14 applications were originally refused by the Department of Home Affairs, citing concerns under Clause 408.213 — specifically, that the applicant 'genuinely intends to stay in Australia temporarily to carry out the activity for which the visa is granted'.
SBS News has seen the letters of rejection issued to multiple members of the group by the Department of Home Affairs.
The department said it does not comment on individual cases.
One of the key criteria for assessment is whether the applicants have previously travelled to Australia, complied with visa conditions, and provided sufficient evidence of their genuine intention to stay temporarily as entertainers.
Gusti said on Monday the decision had devastating consequences not only for the young performers but also for their charity partners and supporters in Australia.
In a letter to Home Affairs Minister Tony Burke appealing the decision, she wrote: "Are we now saying that only those who have already entered Australia can be trusted, while first-time visitors, no matter how strong their evidence, cannot?"
"If this precedent holds, then we are effectively closing the door permanently on cultural exchange with new African participants."
If this precedent holds, we are effectively closing the door permanently on cultural exchange.Marsha Gusti, president and founder of KwaYa Australia
The group estimated that cancelling the tour would have resulted in an $80,000 direct financial loss, with up to $600,000 in potential sponsorship and fundraising opportunities.
Gusti said she was "absolutely flummoxed" by the original decision, questioning what message it sends about Australia's reputation on the world stage.
"The Ubuntu Africa program just sent a bunch of kids over to the UK. They travelled for two months and were celebrated all across the UK ... they were first-time travellers just as ours were," Gusti said.
"Are we now not welcoming cultural performers? Do they have to have been here twice? And how do they get to be here twice if they're not allowed here once?"
Gusti also questioned whether the same decision would have been made if the group were a sports team, asking: "Is this a cultural thing?"
Faith Nasande says she hopes the government will reconsider their decision. Source: Supplied
Performers appeal for a second chance
Adding to the confusion, three of the performers, including choir conductor Faith Nasande, had previously been approved to travel to Australia in 2020 as part of an earlier tour.
However, their trip was cancelled due to COVID-19 border closures.
KwaYa Australia said on Monday, before the visas were apparently granted, that it was particularly disheartening that students who had once been granted visas were now being refused.
Speaking from Kampala, Uganda, Nasande told SBS at the time when the visas were denied, that while she understood the government's decision, she hoped that it would be reconsidered given her previous approval.
"Hopefully if things go well, I'll be able to meet you guys in Australia officially. I think you're amazing people. I've known you to be amazing people from the different people I've met here in Africa, that have been to Australia before," she said.
"I would request the government to just give us another chance to allow us to come share our beauty, our culture and everything. And before they know it, we shall be back to Africa."
Also speaking from Uganda, program manager Barnett Twesigome said the choir had been in rehearsals for two months, and that while visa applications were submitted three months ago, the government's original decision came only a few days out from their flight, which is due to leave this Friday.
"The [Australian] government has been good to us so far. I will just wait for the response of the appeal, but I know they are trying to protect people from immigrating there and I know any country could easily do that," he said.
"But I just want them to know that we are not that kind of people. We are a very well-established organisation and we don't want to jeopardise anything.
"Ubuntu means togetherness. So togetherness regardless of where you come from or regardless of which continent you are at. So we are together and that's what we continue to emphasise."
