Case Studies

Case Study #1

A family from the Maldives has a child born here in Australia. The child acquired a brain injury at birth, resulting in significant physical and intellectual disability. The child also has haemophilia.  The child is applying for a temporary visa but, if granted a temporary visa, would be ineligible for any health or community services. All the child’s health and therapy costs are presently covered by the family.  Nevertheless, the child’s visa has been refused on the grounds of ‘cost to the community’ for health and community services. The child’s parents and two siblings were all granted temporary skilled visas, on the basis of his mother’s work in regional Australia in an occupation in demand. The child will die a painful and premature death if required to return to the Maldives where the support needed for haemophilia and therapy is simply not available.  The application for a waiver of the health requirement to enable the child to stay with its family members in Australia, has been refused. The family has been forced to take their case to the Administrative Appeals Tribunal (AAT), at significant personal and financial cost.

Case Study #2

A woman who is divorced and whose two children are living in the UK with their father, and have been for years, marries an Australian citizen. Her application for a partner visa is refused because one of her children has Down syndrome and the Regulations require that every member of the immediate family of a visa applicant must meet the health requirement, even if they are not applying to migrate. This is known as the ‘one fails, all fail’ rule. The mother does not intend to bring her children with her. The children live with their father in the UK, where they also have extended family. They are settled there and the father, who has sole custody and is their legal guardian would not give permission for them to leave the country other than on holiday with him.

Case Study #3

A Kenyan-born applicant who came to Australia on a student visa, completed his PhD  and became the first blind person to become a registered teacher in South Australia, was refused temporary residence (PR) in 2009 because of his visual impairment and consequent costs to the Australian community. This was despite his ongoing employment and extensive community and outreach work. Ministerial intervention led to the grant of a temporary residence visa but subsequently, when the applicant applied for PR, he was refused again.  It took several more years and considerable hardship and expense before his application for PR was finally granted, following further ministerial intervention.