German doctor Bernhard Moeller will be allowed to stay in Australia with his Down syndrome son Lukas.

Immigration Minister Chris Evans has just told parliament he has granted Dr Moeller and his family permanent visas.

"By law, the minister cannot intervene until the court upholds the decision," Senator Evans said.

"I received a request this morning from Dr Moeller to intervene and I have granted permanent visas.

"As minister, I can take into account all the circumstances and it was clear to me Dr Moeller was making a very valuable contribution to the community."

http://www.theage.com.au/national/german-doctor-wins-visa-20081126-6hzr.html

Hi Alan

So - one Law for the medical profession and a different Law for everyone else? Anybody whose occupation would permit a PR visa - even an RSMS visa based on a Group 7 job building the Red Centre Way or some other project in the remote Outback - necessarily makes a contribution to the good of Australia. Otherwise their 457 visa would not have been granted.

I know a lady whose child is permanently blind. Because all the doctors agree that he is "permanently blind" this child - if allowed to migrate to Australia permanently - would automatically become eligible for the top rate of Disability Support Pension after 10 years in Oz and an equivalent level of Special Benefit after two years in Oz.

Their application for a subclass 136 visa was refused because the child does not meet the Health requirement. I think the lady's husband is an IT professional. I am not sure but he is definitely not a doctor or other medical professional. Nonetheless his occupation is on the SOL and might even be on the MODL.

I think it would be irresponsible to encourage them to find a regional employer etc so as to be able to get a visa refusal upheld by the MRT in order to go hotfoot to the Minister demanding a visa, based on the precedent that Minister Evans has now set with Dr Moeller.

Nonetheless, the potential to do it is now there.....

I suspect that Senator Evans will live to regret his decision in Dr Moeller's case although I am delighted for Dr Moeller and his family and I hope that Dr Downes' visa has been granted as well.

But it does open the floodgates so I hope the Minister has made a policy decision to waive the medical criteria in every instance where the occupation and the facts potentially allow for an onshore PR visa.

Best wishes

Gill

Press Releases from the Minister are here:
http://www.minister.immi.gov.au/media/media-releases/2008/ce08113.htm
http://www.minister.immi.gov.au/media/media-releases/2008/ce08114.htm

Best regards.

From Parliamentary Hansard (http://www.aph.gov.au/hansard/senate/dailys/ds261108.pdf , pages 38 and 39):

Senator JACINTA COLLINS—Mr President, I ask a supplementary question. I would first like to commend the minister for his handling of this matter.

Can the minister advise what steps he is taking to ensure this does not happen to other migrant families working in Australia with similar circumstances who may be seeking permanent residency?

Senator CHRIS EVANS—The case of Dr Moeller and his family has publicly highlighted concerns that I had expressed and raised recently after having to intervene in a small number of similar cases involving children with a disability in families seeking permanent visas. Currently, all applicants for permanent visas must meet health requirements and any health or community care with significant cost implications can lead to the health requirement not being met and a visa refused.

When assessing the health requirement, the cost is taken into account along with state related costs such as educational needs, accommodation and community care. But no assessment of the individual’s particular circumstances occurs. I have consulted with the Hon. Bill Shorten, the parliamentary secretary for FaHCSIA with responsibility for disability services, and he and I will ask the Joint Standing Committee on Migration to inquire into the treatment of disability in the context—
(Time expired)

Senator JACINTA COLLINS—Mr President, I ask a further supplementary question. Can the minister expand on the concerns about how provisions in the health requirement impact on people with disabilities seeking permanent residency?

Senator CHRIS EVANS—As I said, I am seeking to have the Joint Standing Committee on Migration inquire into the immigration treatment of people with disabilities. I have also sought to encourage state and territory leaders to support an amendment to the migration regulations that will allow for a possible waiver of the health requirement for permanent visa applicants in areas of demonstrated need. If the states and territories agree, a waiver will be available for onshore applicants and their dependents who do not meet the health requirement.

The regulations will enable the department to waive the health requirement after seeking input from the states and territories. The regulations have been drafted and require the agreement of the states and territories because there are state related costs such as special educational needs, assisted accommodation and community care. I urge the states and territories to sign up to this agreement because that will assist other families who may be in a similar situation to the Moellers.