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National

Launceston Colombian family eligible for bridging visa after last-minute call for help from immigration minister

A Launceston family that was going to be forced to leave the country has been thrown a last-minute lifeline.

Colombians Cesar Penuela and Claudia Castillo have lived in Australia for 13 years, calling Launceston home for the past five.

It is where they have raised their daughters, Maria and Janah.

The family had until October 17 to leave Australia after the Administrative Appeals Tribunal refused their application for permanent residency.

However, today they received news from the Department of Home Affairs confirming they were eligible for a Bridging Visa E after they made a request last week for Immigration Minister Andrew Giles to intervene.

Mr Penuela was buoyed by the news and said he was looking forward to life returning to normal.

"I feel very happy … especially [for] my kids, because the last week in Launceston was very difficult, tough for them," he said.

"[They were facing] leaving friends behind, school.

"But now with this opportunity, it's like a reset, a new chapter again, or just to retake our normal life."

Mr Penuela said he was incredibly grateful to the community and local MPs who had rallied behind his family to keep them in Tasmania.

"When the news came about our situation in Launceston, that's when the people that we met in the last five years came forward saying, 'No, we don't want to lose this family, we want this family to stay in this state,'" he said.

Mr Penuela said the community support had helped put his family's case before the immigration department.

"We are already known, our names are in the list already, and that's what we have been asking for so many years trying to get permanent residency, and that's what also the community has … [asked] for us: to finally call Launceston our home."

The family, which had packed up and left for Melbourne, will make the trip back over the Bass Strait over the weekend.

"Thank you to all the people that took the time to listen to us," Mr Penuela said.

Case goes before the minister

Tasmanian Refugee Legal Service principal lawyer Patrick O'Connor said the family had strong grounds for permanent residency, but it was ultimately in the hands of the minister.

"The minister has the power under the migration act to make a decision that's more favourable than the tribunal's decision based on a number of exceptional, compassionate circumstances," he said.

"The minister can basically make a decision that the family should be granted permanent residency."

Mr O'Connor said the minister rarely exercised the power, but the age of the children and their Australian upbringing, the economic benefit the family brought to the community, the length of time they had spent in the country, their compliance with previous visas, and the community support would work in their favour.

"I think the support that the family has got from the Launceston community has been amazing, like the letters of support that we received and were able to pull together very quickly were incredibly well written, very powerful, and I think that will make a difference," he said.

Mr O'Connor said it could be weeks, if not months, before the family saw a resolution, but he hoped it would be soon.

A community effort

The Northern Rangers Football Club, which established a GoFundMe account to help the family pay for visa and travel costs, brought attention to the plight of the family.

The club has raised more than $13,000.

A club spokesperson said the news reflected the great community effort between the club, St Vincent de Paul, and other groups.

"We are so happy that Cesar and his family don't have to leave Australia," they said.

"Thank you to all our supporters who helped to get this changed."

Liberal member for Bass Lara Alexander said the outcome was an example of all political parties coming together, with state Labor minister Michelle O'Byrne, Labor senator Helen Polley and federal Liberal MP Bridget Archer all advocating on the family's behalf.

She said it spoke of how much the community cared for the family, and showed people were "shattered" to see them go through the ordeal.

"It was just such a horrible situation for these people that have done absolutely nothing wrong," she said.

"It's hard to come to a new country and put together the pieces of your new life, let alone to be pulled from pillar to post for no fault of your own."

Ms Alexander said she would continue to support the family as their case progressed.

"We don't want to see another long, drawn-[out] process," she said.

Ms Archer said she would continue to advocate for the family's permanent residency.

"We have worked closely with the family for many weeks and will continue to offer any assistance needed," she said.

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