Bizarre rule that could see parents deported while child becomes a citizen

When Sam's parents fled Iran 12 years ago they hoped for a better life in Australia.

"My parents made the difficult decision to leave everything behind, run away and jump on a risky boat, they found that risky boat safer than Iran," he said.

However, it has been far from an easy journey.

Sam and his parents have been on a bridging visa for 12 years. The visa, an E subclass 50, is a departure visa that lets you stay lawfully in Australia while you make arrangements to leave, finalise your immigration matter or wait for an immigration decision.

However, it now emerges that Sam's younger brother, who is about to turn 10 years of age, will automatically become a citizen because of an unknown part of citizenship law. Australian law automatically grants citizenship to children born in Australia when they reach their 10^th birthday irrespective of the status of their parents.

The family is hoping the federal immigration minister Andrew Giles will intervene in their case but if they receive an adverse decision they will be asked to leave Australia.

"As a 17-year-old immigrant boy, I am eager to integrate into Australian society, to learn, to grow, and to contribute positively to my community," Sam said.

"However, without the necessary support and resources, my aspirations remain out of reach."

Hundreds of Australian-born children are in limbo because their parents and other siblings are stuck on bridging or temporary protective visas while they have become citizens.

Refugee Advice and Casework Service principal solicitor and centre director Sarah Dale said it creates a "seriously challenging situation" for these families.

"What is extraordinary, is you may have a child in Australia who in their 10th birthday realise their citizenship... But you, as their parents, remain unlawful, remaining on your temporary visa," she said.

"If you are affected by legal bars (think of it as an impasse or block) found in law to prevent visa applications (because you came to Australia by boat), there is no way to remedy that without ministerial intervention."

Some families have waited more than ten years to have their cases heard.

Others, Ms Dale said, have gone through that fast-track system and have had their application stuck in the courts.

Ms Dale said there needs to be a review "that protects the family unit that doesn't currently exist".

ACM spoke to a number of children caught in these situations.

One young girl who doesn't want to be named said her family "came to Australia by boat in 2012 to save their lives and I am ten years old and an Australian citizen but my family is undecided after twelve years and I am ashamed because I don't like to be different from my family".

Melbourne refugee advocate Pamela Curr said she had "grave concerns" for these families.

"The people in the worst position went through the fast-track process and got rejected, they get a second opinion at the Immigration Assessment Authority and got negative decision or they have appealed their decision in the federal court where the queue is so long they don't even have dates," she said.

A spokesperson for the Department of Home Affairs said the department would always take into consideration the best interest of a child in such situations "but it remains the expectation of the Australian community that those with no right to remain in Australia make acceptable arrangements to depart".