A family is desperately fighting to stay together in Australia after their Scottish-born mother faced deportation due to a government computer error.
The Grigg family have lived in Adelaide for three years, but mother-of-two Kirsty has spent the last three months under the shadow of deportation back to Scotland after they missed a computer error on an application form. unfinished visa.
But since going public with their plight, the Griggs have been told not to make travel plans for Kirsty on April 9, which was her deadline to leave the country, as her case has now been the subject of a possible ministerial intervention.
The case is the latest looming immigration debacle for the Albanian government, which is preparing to let more hardened criminals onto Australian streets if the High Court rules against 170 others being detained indefinitely.
Kirsty Grigg (pictured right) is at risk of being deported to her native Scotland.
Kristy, 53, and her Australian husband Nick, 56, brought their 11-year-old son and 16-year-old daughter from Ayrshire, south of Glasgow in central Scotland, to Australia in 2021 to care for the Grigg’s elderly parents and create a new home.
“We had every intention of this being our new life and we stayed,” Grigg told Daily Mail Australia on Wednesday.
‘We sold our house before we left and moved everything we owned, including our dog. We thought, “We’re moving to stay.”
‘We literally have nothing to go back to. I have a sister, that’s all. She would return to nothing.’
Just before Christmas, the Griggs had their first indication that something was wrong after receiving a letter from Medicare saying that due to Ms Kirsty’s visa status change, she and the children would no longer be covered.
Just searching through a spam folder they found an email from the Immigration Department showing that Ms Grigg’s visa extension had been rejected because it had been processed before Mr Grigg had completed it.
Even as the couple prepared to celebrate their 21st wedding anniversary on Friday, the department said they were not “financially committed” to each other because they did not have a joint bank account.
They appealed as soon as they could on December 27, but three weeks later they were told they were six days past the 21-day deadline.
“Since December 27, trying to understand what is happening has been a nightmare,” Ms Grigg said.
‘Everything is so black and white. “You didn’t do this, you didn’t do that.”
“It’s just been one brick wall after another.”
The Griggs were told they had the right to submit a statement explaining why their appeal should be considered and spent more than $3,500 getting an immigration agent.
Grigg (pictured center) says his impending deportation has been difficult for the couple’s children.
In return, they received only a form letter telling them that it was too late.
“The invitation to make a statement really made no sense,” Ms Grigg said. ‘The template that came out had someone else’s details.
“It’s been so stressful that we’ve been trying to contact politicians to see if we can get somewhere.”
Grigg said at no point were they able to speak directly to a person and had to deal with automated bureaucracy.
The terrible situation has been particularly hard on the Grigg children.
“My daughter has been very upset,” Mrs Grigg said. “She’s very afraid of losing her mother, obviously.
‘She’s been very up and down and tearful at school and everything else.
“It’s been difficult for all of us.”
Grigg said if she was forced to leave the family she would have to make a “big decision whether they stay or we all go back” because she has been told it takes around 18 months to apply for a new residential visa in Australia.
“It would mean for me a year, a year and a half of separation from the family,” Mrs Grigg said.
‘It would be very difficult for me to do it. I couldn’t be separated for that long.
Grigg said if he had to return to Scotland he would start from scratch.
“It would be a disaster,” said Mrs Grigg. “I would have to leave, get a job and find a place to live.”
When the family originally moved, applying for Ms Gigg’s visa, which the children originally had but who are now Australian citizens, cost around $32,000.
“We don’t have the money to reapply,” Ms Grigg said.
“We’ve been paying appeal fees and agent fees, citizenship fees and I’ve basically used up all of our savings.”
Since going public with their plight, Grigg said they had received overwhelming support.
“It would have been nice if we could have sorted something out without having to do it, but I think it was the right decision,” Ms Grigg said.
Her husband is a self-employed gardener, but former member of the RAAF and also worked as a photographer and photography teacher, and only a year ago founded his own business.
Grigg said he was still building it, which meant the family was under financial pressure because of the money they had had to spend fighting his deportation.
Ms Grigg said the family felt at home in Adelaide and were enthusiastic fans of the Port Adelaide AFL team and the Adelaide 36ers NBL team.
‘I like the sun. “When we come back to Scotland it’s always cold and rainy and rainy,” Mrs Grigg said.
Their fate is now in the hands of Immigration Minister Andrew Giles.
“We just have to wait and see what happens,” said Mrs Grigg.
Meanwhile, the Albanian government fears that an upcoming High Court hearing, scheduled for April 17, could lead to the court further expanding its controversial NZYQ decision, resulting in up to 170 more detainees being released.
The NZYQ decision in November led to 140 asylum seekers, including murderers and rapists, being released, but seven have since been arrested for violating visa conditions and three remain in police custody.