The Australian government has refused to allow a grieving wife to come to Australia for her refugee husband's funeral because it does not trust her to return home.
The body of Asghar Ali, a Hazara refugee from Pakistan, remains in a Victorian morgue nearly two months after his death – a situation lawyers say is disturbingly common.
![Asghar Ali with his three children, who live in Pakistan.](http://web.archive.org./web/20170606135423im_/https://www.fairfaxstatic.com.au/content/dam/images/g/w/j/y/q/z/image.related.articleLeadwide.620x349.gwiznl.png/1496641099712.jpg)
The father-of-three, who came to Australia by boat before 2013 and was granted protection, died at LaTrobe Regional Hospital on April 16, shortly after his 39th birthday.
Documents provided to Fairfax Media show his wife Masooma applied for an Australian tourist visa on April 23. The application was refused five weeks later, on May 30.
![Asghar Ali, 39, died at LaTrobe Regional Hospital on April 16.](http://web.archive.org./web/20170606135423im_/https://www.fairfaxstatic.com.au/content/dam/images/g/w/j/y/q/u/image.related.articleLeadNarrow.300x0.gwiznl.png/1496641099712.jpg)
In a letter, an immigration department official acknowledged a "compelling and compassionate" case for granting the visa, but said they also needed to consider Masooma's personal circumstances and the relative attractiveness of Australia compared to Pakistan.
"Although I am very sympathetic to your desire to be present at your husband's funeral during this difficult time, I am not satisfied that the compassionate grounds outweigh the concerns I have over your compliance with the conditions that will be placed on any visa granted to you," the immigration official wrote.
"I am not satisfied that your personal and economic circumstances in Pakistan would provide you with incentive to return and your expressed intention only to stay temporarily in Australia is genuine."
The department referenced a phone interview in which Masooma allegedly indicated she had no intention of returning to Pakistan at the end of her Australian visit. Masooma does not speak English, but with the assistance of a translator told Fairfax Media that was not the case.
!["I'm just asking for justice": Masooma with her children.](http://web.archive.org./web/20170606135423im_/https://www.fairfaxstatic.com.au/content/dam/images/g/w/j/z/k/g/image.related.articleLeadNarrow.300x0.gwiznl.png/1496641099712.jpg)
"I just want to come and see my husband for the last time. For this, I'm just asking for justice," she said. "Once I do it then I have to go back, so that's my wish."
LaTrobe Regional Hospital chief medical officer Simon Fraser confirmed Mr Ali's body remained at the morgue and said the hospital had been in contact with Melbourne's Hazara Shamama Association.
"We are hopeful the issues surrounding Mr Ali's collection and burial will be resolved for the sake of his family," Dr Fraser said.
A spokesperson for the Department of Immigration and Border Protection did not comment on the specific case but said such applications were always "carefully considered". A decision-maker was "obliged" to refuse a visa if they could not be satisfied the applicant met all the required criteria.
"The likelihood of an applicant overstaying or seeking to remain in Australia is a matter that must be assessed," the spokesperson said.
Last year the body of an Afghan refugee, Qurban Ali, languished in a Melbourne morgue for more than seven months after the immigration department refused his wife's visa application for similar reasons.
The migration agent in that case, Marion Le, said a funeral service was eventually held without Mrs Ali because "the body was really starting to deteriorate".
The situation both families found themselves in was "not uncommon", Ms Le said. "It's happening all the time."
Asghar lived in the Gippsland town of Moe, where he worked in a restaurant, and was known to have health issues.
Masooma described her late husband as a "very good father" who loved his children and supported them by sending money home to Pakistan.
"No one can pray for him until he is buried. If you don't do that, he will not rest in peace," she said.
Salehi Khan, of the Hazara Shamama Association, said it would be expensive and potentially dangerous to transport the body back to Hazara Town in Quetta, where Masooma and her three children live.
"As a human being I feel like she deserves to come here," he said. "Her husband deserves a proper funeral. I think it's her right."
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