A Horsham-based doctor says he is preparing to fight a Federal Government decision to not grant his family permanent residency because his son has Down Syndrome.

German doctor Bernhard Moeller has a temporary work visa until 2010 to serve at the Wimmera Base Hospital.

He says the Department of Immigration has refused his application for permanent residency because his 13-year-old son, Lukas, who has Down Syndrome, would be a significant and ongoing cost to the Australian community.

Dr Moeller leads the intensive care of patients and supervises other GPs in a region of about 54,000 residents.

http://www.abc.net.au/news/stories/2008/10/31/2406350.htm?section=australia

Hi Alan

There is another doctor in Sydney in an almost identical situation. Dr Downes in Sydney is British and I think his son has an autistic spectrum disorder.

Dr Downes was unsuccessful in the MRT and told the Tribunal that he intended to appeal to the Minister under S351:

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth...04005%20%20%20Downes

Best wishes

Gill

Thanks Gill.

I am not sure whether you are aware, but in 2006 the Federal Migration Regulations were amended, allowing the Immigration Minister to grant a health waiver in respect of applications for certain employer sponsored permanent residency visas if the visa applicant lived, or proposed to live, in a "participating State or Territory" - ie one that has agreed to the waiver being available to visa applicants in their State or Territory.

My understanding is that to date no State or Territory has been prepared to participate.

Therefore if I was Dr Moeller or Dr Downes I would be asking the respective State Government why it has not signed up to this offer by the Department of Immigration, which has existed for over two years.

If they had done so the State Government would have provided a solution to the problem confronting the good Doctors.

Best regards.

Hi Alan

Thank you for this. I was not aware of the amendment that you have described.

It sounds like the respective legal teams for the two doctors are not aware of it either. Why is the Victoria State Government making a fuss in the Press if the solution is in their own hands?

My impression of Dr Downes' case is that no media publicity was sought but then again NSW would not be obliged to trumpet its own involvement if Dr Downes were to request privacy for his family and in particular for his child.

Thanks again for the information because it certainly puts a new slant on the possible solutions for both doctors.

Best wishes

Gill

This message has been edited. Last edited by: Gill Palmer,

I have written to the VIC State Premier and the Federal Health Minister on the same subject, Gill.

Many love to pillory the Department of Immigration - it is not always their fault ...

Best regards.