Perth midwife Tracey Robinson and her husband, Paul, have won a six-year battle against the Immigration Department to stay in Australia with their Down syndrome son.

Immigration Minister Chris Evans has foreshadowed reform of the visa process for families with disabled children after using his discretion this week to grant the Robinsons permanent residency.

http://www.theaustralian.news.com.au/story/0,25197,24654268-23289,00.html

Hi Alan

Thank you for this interesting article. The FCA ruled in November 2005 that both the Minister (ie the MOC & DIAC) and the MRT had all applied the wrong test in the Robinson case, because there was no evidence that the child would be unable to lead a normal, independent life once he grew up.

I am amazed and dismayed to learn that it has taken three further years and two applications for Ministerial Intervention in order to get the Minister to obey the Court, frankly. I assumed (not that I know how it works, which I don't) that it would all have been sorted out quickly & quietly with a swift visa grant following the defeat of the Minister in Court.

It is more difficult to say what should happen about the next child with Down Syndrome or some other condition because the FCA did not attempt to overturn the idea that it does all depend on the severity of the condition. What the Court got rid of, once and for all, was the notion of applying some sort of generic benchmark rather than dealing with the specific case in question.

I wonder, though, whether Senator Evans will now put some pressure on State Governments to sign up to the 2006 amendment that you told me about? That would be easier, quicker and cheaper than trying to alter the main legislation, I would have thought?

Best wishes

Gill