Australia: Citizens living abroad may be unable to leave country if they visit home

The Australian government has expanded its ban on Australian citizens leaving the country to include people who are ordinarily residents in another country, meaning that even people who live overseas may not be allowed to leave Australia. According to BBC, currently, Australian citizens and permanent residents are banned from leaving the nation and have to apply for an exemption to do so, which can be granted for employment, study or compassionate reasons, among others. However, if an Australian citizen is ordinarily resident in another country, they are automatically allowed to leave.

But, on August 1, the health minister, Greg Hunt, amended the legislative instrument that created the overseas travel ban to remove the exemption and further tighten rules on Australian citizens or permanent residents. Now, effective from August 11, even Australian citizens who are ordinarily resident in another country will have to apply for an exemption to leave the country and could be denied. It is worth noting that the Department of Foreign Affairs defines someone as “ordinarily resident in another country” if they spent more time outside Australia than inside for the last 12 to 24 months. 

As per reports, the exemptions can be granted after providing ID such as a foreign driver’s licence or residency card, evidence of a tenancy or bills overseas, or evidence of overseas employment. Citizens who are seeking to return to Australia are still required to apply, comply by arrival caps, and pay for their own hotel quarantine. Only Australian citizens and permanent residents are allowed to enter Australia.

Under the new restrictions, citizens who plan on entering Australia and then returning to their foreign country of residence can apply for an exemption to leave while still overseas  - meaning they can attain an exemption in advance. The government said the measure aimed to reduce the risk of Covid cases entering the country, as it grapples with its worst outbreaks in a year.

New rule branded as ‘barbaric’ 

Critics, on the other hand, have said that the change will further punish families and deter citizens from returning. It is worth noting that Australia already has a weekly limit on incoming travellers and bans foreigners from entry unless they have an exemption. Its policies are among the strictest globally.

Several Australians have expressed outrage at the latest move, branded by some as barbaric. As per reports, Alexandra Phelan, who lives in the US, said that she is “waking up to the news that I’m effectively exiled from my country”. Experts also believe that the change would unfairly affect Australians from multicultural backgrounds and could be constitutionally invalid.

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