The Fall of Kabul – One Year Later

August 15^th marked the centenary of the Fall of Kabul, where tragedy was faced by Afghans at large, as the colourful city was captured by the Taliban. Kabul was seized in the midst of the withdrawal of United States(US)-led soldiers, which later led to one of the largest evacuations with the assistance of the international community that we have seen thus far. “Between 14 August and 31 August 2021, the US and its coalition partners evacuated more than 123,000 people from Afghanistan via airlifts from Kabul’s Hamid Karzai International Airport, which remained under NATO and US military control following the collapse of the central government.”[1]

Specifically in Australia, over a nine-day period, officials from the Departments of Foreign Affairs and Trade and Home Affairs, along with Australian Border Force and the Australian Defence Force, worked together to facilitate the safe movement of around 4,100 people out of Kabul on 32 flights.[2] Namely, efforts by Law Firms and Migration Agencies alike, here in Australia, were made in assisting Afghan Nationals through Australia’s Visa Products.

Afghan Women Judges – Their journey to Australia:

Immigration Solutions Lawyers made history in their assistance to the Afghan Women Judges in securing Permanent Visas. Being shot at, going to prison, having your family threatened — that’s the experience of female judges in many countries, and was the unfortunate reality for the Afghan Women Judges in their new reality that the Taliban had created, which aimed at minimising the upholding of equal rights and demanded a stop to females in power.

Immigration Solutions Lawyers’ Principal Anne O’Donoghue was contacted by the International Bar Association (IBA) and Baroness Helena Kennedy QC, who had evacuated a number of Afghan Women Judges, Prosecutor’s, Activists and their families from Afghanistan to Greece in 2021, during the early days of the Taliban taking over Afghanistan.

This group was extremely vulnerable as they were, firstly, working women and, secondly, women who were working in a male dominated industry and most importantly a patriarchal society. After the Taliban takeover in August 2021, these women were being targeted by the Taliban, as they had sentenced their members while maintaining the rule of law. Additionally, many criminals that had been convicted by them were free, after the Taliban released all prisoners. These women and their families were under significant and immediate threat.

The IBA and Baroness Kennedy reached out to a number of lawyers globally in order to find the families in Greece a permanent place to settle; the families were only permitted to enter and stay in Greece temporarily, on the basis that they would settle in a third country. Immigration Solutions Lawyers, and its Principal Lawyer and Managing Director Anne O’Donoghue, took the initiative to apply to the Immigration Minister for temporary (subclass 449 visas) for 20 of the Afghan women Judges, Prosecutors, activists and their families to be able to settle in Australia away from their persecutors. The group consisted of 20 main applicants, a total of 90 applicants altogether, including family members.

By application to the Minister, they were able to obtain a visa grant for all 90 applicants, which was a remarkable and unique outcome. They have strived to obtain a successful outcome, particularly at a time when the Immigration Department was bombarded with hundreds of thousands of protection visa applications. Despite the low possibility of success, the firm continued to work hard and apply to the Minister of Immigration to accept the Afghan Women Judges. If these Judges had not found a place to settle, they most likely would have been sent back to Afghanistan, in the hands of their persecutors. The firm has lodged numerous permanent residence visa applications for those who chose to settle in Australia, and almost all of the permanent residence visa applications are now granted.

Afghan Women Judges – Their contribution to Australia:

Moving forward, the Afghan Women Judges are not only a testament to the opening arms of Australia’s Human Rights obligations as a nation, but they are also a talented group of women, who, through their expertise, may serve greatly to the Australian community. Their worldly experience may assist Australia to navigate ways to assist the needs of the Afghan population here in Australia, as well as allowing themselves and their respective family members, who will undoubtedly contribute to the Australian Job Market as highly skilled individuals and begin rebuilding their lives on Australian soil.

Australia’s Response – One Year Later:

Since the fall of Kabul, Australia has committed $140 million to ensure that help reaches those most in need. This includes emergency food supplies, responses to natural disasters and women’s access to sexual and reproductive healthcare. The Australian Government stands in solidarity with the Afghan people and is working closely with our humanitarian partners to support those in greatest need. Australia’s commitment includes:

• $120 million to meet immediate humanitarian and basic services needs in Afghanistan;
• $20 million to support internally displaced people in Afghanistan and neighbouring countries hosting Afghan refugees.

The one-year anniversary was certainly a tragic day for the Afghan community here in Australia. Many remain fearful for the safety of their loved ones. In achieving this outcome, due thanks and acknowledgment must be given to the former Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke; Senator Hollie Hughes; as well as current Minister Andrew Giles and Senator O’Neil for their efforts, as they were key contributors in Australia’s efforts to cater to those in need of protection.

Australia has since offered 31,500 places to Afghan nationals under the Humanitarian Program, and the Family stream of the Migration Program over four years and Afghan citizens continue to be prioritised for processing within Australia’s Humanitarian Program.

[1] Darryl Coote & Don Jacobson, “Afghanistan rockets fired at Kabul airport amid US withdrawal”, United Press International.

[2] https://www.foreignminister.gov.au/minister/penny-wong/statements/anniversary-fall-kabul.