Qurban Ali's four children Bareen, Zulfugar, Eftikhar Ali and Mahreen. The widow, who fled an abusive fiancé to marry the man she loved, said: "To not even see his face for the last time … I don't know how to live." Immigration Minister Peter Dutton is being urged to intervene after his department rejected Mrs Ali's first visa application. Bureaucrats ruled that conditions were so dangerous and unstable in Pakistan and Afghanistan that the family may seek to stay in Australia permanently. The department said it was "legally obliged" to reject visa applications that did not meet set criteria. The family's Australia-based migration agent Marion Le described the decision as "unbelievable".

Mohammad Eisa Poya and Mohib Qasimi, family of Qurban Ali, have been fighting to have the situation resolved. Credit:Luis Enrique Ascui "The stress on that poor girl left in Pakistan with four small children ... it's a terrible thing," she said. "If Australian citizens have someone die overseas they immediately get on a plane and go to investigate what happened, and bring back or bury the body of the deceased person." Qurban Ali with wife Saliha and children Eftikhar, Zulfugar, Bareen and Mahreen. Ms Le said Mrs Ali, 39, should also be allowed into Australia to attend court proceedings against the truck driver, who has been charged with dangerous driving, amphetamine possession and other offences.

"[The widow] could not travel here to bury her husband and see him for one last time and go to court, to sit there and have some understanding as to how this man was suddenly taken away." Qurban Ali with daughter Mahreen. The whole world became dark, I didn't know what was happening, I couldn't believe it She said Mr Ali's body could not be returned to Afghanistan because the couple fled that country; nor to Pakistan because they were not citizens, and the widow lives in hiding there. Fairfax Media has sighted a United Nations refugee agency document dated January this year, stating Ms Ali is a registered asylum seeker and a "person of concern" who claims to face threats to her life and freedom in Afghanistan.

Mrs Ali spoke of how she escaped from an angry, abusive fiancé in Afghanistan, and a soon-to-be marriage arranged by her father, to marry Qurban, the man she loved. The Hazara couple fled to Pakistan after a family dispute, however Mr Ali also faced danger there and sought safety in Australia. It is understood he arrived by boat and was granted permanent protection, then sought to obtain permanent visas for his family. Mrs Ali sobbed when recalling the moment she learnt her husband was dead. "The whole world fell apart and I couldn't believe it. What was I going to do with the children, where was I going to go?" she said. "The world became dark, I didn't know what was happening."

Compounding the torment faced by Ms Ali and her four children, aged between 5 and 12, are threats to their safety in Islamabad, where they fear for their lives. Mrs Ali said she and her children had been hunted by her former fiancé and his family. She said the face of her eldest son still bears injuries from a bashing inflicted by her fiance's brother, and her daughter was beaten on a trip to buy bread. "My life is hell. I am locked in a house, I can't go outside because I know my former fiancé is stalking me and he's probably going to kill me," she said. Mrs Ali applied for an Australian visitor visa following her husband's death. A letter of refusal sighted by Fairfax Media, details of which the department did not verify, said while Mrs Ali's application had "strong compelling circumstances … this in itself does not demonstrate that you only intend a genuine temporary stay". It said Afghanistan was experiencing war, lawlessness and political upheaval, and this combined with social and political problems in Pakistan meant there was a "strong incentive for you to remain in Australia".

Mrs Ali indicated to Fairfax Media she did not intend to seek a permanent stay in Australia. Ms Le said "she has every right to apply [to stay permanently], but that is not the issue". Mrs Ali's brother Mohib Qasimi lives in Melbourne, and has been fighting to bring his sister to Australia. He urged Mr Dutton to intervene. "She is very upset, she looks like she has lost half of her body [weight]. I'm frightened soon she will get crazy and lose her mind," he said. Mr Ali's cousin Mohammad Eisa Poya also lives in Melbourne, and described the situation as "heartbreaking". "It's such an emotional thing. [Saliha] is crying whenever I talk to her. I try to tell her to calm down but it doesn't work," he said.

"[Qurban] is dead, we can't bring him back. But he left four children and a wife behind. At least the government could bring her to attend the funeral then send them back." The Coroner's Court of Victoria said Mr Ali's body could not be released until a funeral director was appointed. His family in Australia have declined to do so until his widow and children can attend the funeral. A department spokeswoman said the "compassionate nature of the proposed visit" was carefully considered, but anyone wishing to visit Australia must satisfy "visitor visa requirements, including health, character and genuine temporary stay criteria". "The onus is primarily on the visa applicant to demonstrate an incentive to return home after their visit", she said, adding the department was legally obliged to refuse visa applications where this and other criteria were not met. The department is considering the family's second visa applications. Mr Dutton did not respond to request for comment.