- Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
- Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
Please let our 3-year-old son stay in Australia!
We are a happy and settled family living in Seymour, Victoria. Our son Darragh was born in Australia on 18 August 2015. Australia is the only home our son knows. On 3 August 2015 we applied for our family to become permanent residents of Australia. A few weeks later our son was born and soon after he was diagnosed with Cystic Fibrosis. Our family’s application for permanent residency was then refused by the Australian Department of Home Affairs because they assessed him as having a condition which make him a burden on the Australian community. Despite appealing the decision to the Administrative Review Tribunal, the Tribunal does not have the power to overturn the health assessment and as such unless the Hon David Coleman MP or Hon Peter Dutton MP can help us, we will be forced to leave our friends, family, and the life we have built for ourselves in Australia. The Administrative Review Tribunal has made a recommendation for our case to be referred to the minister. Darragh has been doing extremely well considering his condition, and we have positive letters from his doctors and specialist stating that he should live a full life and that his disease progression will be much slower than average. His condition has no effect on his cognitive ability and should he wish to finish school and go to University, he has every chance at being successful in a career path of his choosing. Darragh is a bright boy with a positive future ahead of him. We have always felt extremely grateful to live in Australia. I studied here gaining my Masters in Special Education. I have worked full-time as a school teacher and now as an Acting Assistant Principal and my husband works part-time as a bus driver and also volunteer for SES. We have been living in Australia for almost 10 years and have a strong support network here with our friends and family and we are well settled in regional Victoria. Darragh has the support of his inherited Australian family, our large support network in Seymour and the wider Australian community. By signing this petition, you are showing your support for Darragh and his life in Australia and you believe that he should be allowed to stay in Australia and have the opportunity to contribute to our community. Please sign and help us ask the Minister to let our son stay in Australia.
Minister please cancel the Visas of Foreigners Wanted abroad for Crimes against children
Minister David Coleman, More than 32,000 Australians who are supporting me have signed this Petition for you to act.. My suffering has been ignored by Australian Immigration for 24 months while they protect and give a Safe Haven to a Wanted person who is hiding in Australia on a Visa from her crimes in the Philippines and who has had an INTERPOL Red Notice issued against her for 2 counts of trying to kill me (Attempted Murder) and 1 count of child Abuse for more that two years. I am an Australian child and seeking Justice for two attempts on my life and the accused is a Filipino who is taking refuge in Australia on a Visa to hide from her crimes. Three (3) Warrants have been issued in the Philippines for two (2) counts of Attempted Murder and one (1) count of child Abuse. The accused fled to Australia to avoid prosecution after having sex with a minor in the Philippines, and a Warrant for Child Abuse has been issued with two (5) more Warrants expected soon. Since the second attempt on my life I have suffered traumatic nightmares every night and I need Justice. Under Section 501 (Character Test) of the Australian Migration Act the accused should have had her Visa cancelled as there is an INTERPOL Red Notice issued against her and she is Wanted. These nightmares ceased when I returned to the Philippines as I thought I was finally going to get Justice. The nightmares have returned, and my sleepwalking, waking up in different places crying as somebody is chasing me with knives. Cancelling her Visa will force her to face her crimes in the Philippines, but Australian Immigration have not acted and are ignoring an INTERPOL International Red Notice. Under Section 501 of the Australian Migration Act she does not pass the Character test as there is an INTERPOL Red Notice, so why have you not acted? Please explain to the public why the Australian Migration Act is being ignored? Besides the many Witnesses to the crimes that Australian Immigration have been sent through Diplomatic channels their Affidavits, Australian Immigration have her written admission that she Posted in Public last year on the Internet that she tried to kill me. Immigration are fully aware and have evidence that she has been breaking numerous criminal laws in Australia while she has been given a Safe Haven, such as Stalking, Conspiring to Bring False Accusation, Extortion, messaging death threats, and Fraud and this is not "Good Character" Immigration have evidence her Visa Application was Fraudulent as she did not declare her crimes in the Philippines as required on the Application which is a serious Commonwealth Offense. In 2014 the Minister for Immigration was given Super Powers to personally Cancel Visa's under Character Grounds, and I request you use your powers and be compassionate with me like the Au Pairs so I can have Justice. Being discriminatory or having selective Justice, is no Justice at all. You need to have the same rules for all. I am waiting for you to show your compassion before I surrender and cut a little deeper. Name of Accused withheld so she does not get my petition deleted again!
Allow Dimas, a child with autism, to stay in Australia
Dimas and his family arrived in Australia when he was just three years old. His mother, Dr Yuli Rindyawati, brought her family to pursue a Doctor of Philosophy in Economics at the University of Canberra. I, Cameron Gordon, was Yuli Rindyawati’s primary doctoral supervisor when I was Associate Professor of Economics at the Faculty of Business, Government and Law at the University of Canberra. Yuli was one of my most responsible and capable doctoral students and already had deep ties to the local community. They have since built their life in Australia for more than ten years. Dimas is Yuli’s youngest child. He is 14 years old and has autism. He received his first education in Australia, at Malkara (special) school in Canberra. Dimas currently goes to Woden (special) School. His family have seen Dimas evolve from being completely non-verbal, to comfortably verbal with a basic vocabulary. He adheres to any verbal instructions and tasks given to him, and he fluently understands both English and Indonesian. Dimas never presents any tantrum or aggression towards his family, his peers or others. He is also not on any medications. Because of this, he has received an employment offer letter to work as a shop assistant which is a paid job. He will commence his work after his graduation in 2021. He is already being taught job related skills to empower him and increase his potential for his future employment so he can earn his own income. This shows that Dimas will not be depending on government support; rather he will be contributing by becoming part of the labour force and being a taxpayer. Yuli lodged her permanent visa application only to have it rejected by the Department of Immigration. Dimas’s autism condition did not satisfy on the Public Interest Criteria (PIC) of the Immigration Regulation, noting his condition will bring a “a significant cost to the Australian community in terms of health and community services”. But from his recent medical report his autism spectrum was downgraded from Severe to Moderate due to his significant improvements. His communication skills improved from non-verbal to having speech delay. As a result of this the health and community services he needs to receive have been reduced considerably. Despite all this the Administrative Appeals Tribunal (AAT) continues to maintain that Dimas is still not eligible to be a member of Australian society only because of his congenital condition and despite the fact that the family has contributed financially to Dimas’s health and community services without any government assistance; financially supported his needed services for a paediatrician, psychologist, therapist, and speech pathologist over the decade; and that there has been significant improvement in and adaptation to his condition over that time. If allowed to stay in Australia, the family will continue to financially support those services for Dimas alone. Unfortunately, unless given consideration by David Coleman MP, the Minister for Immigration, Citizenship & Multicultural Affairs, Dimas and his family will be facing deportation. Dimas will cease to receive the support, care, and schooling that so greatly improves his development and significantly decreases the severity of his disorder. His progress will regress without the support that he is receiving right now. Deportation will impose an immense burden due to the loss of opportunity and social integration for Dimas. Deportation will split the family and hurt the child. Dimas’s family have a long standing aims to open an Indonesian café in Canberra. Their goals are not only to employ Dimas as a kitchen assistant but to employ others with disabilities so that they too can be given a chance to earn income and experience. Dimas’s family, including his mother, father and their siblings are currently employed and contribute actively in the Australian community taxpayers, employees and community members with well developed ties. Their life is here, their home is here, and that should not be stripped away simply because Dimas was born with autism and despite the fact of both significant adaptation and improvement in Dimas' condition and the putting down of significant and demonstrable roots by his family.
Get Jen PR
I am a 29 year old British Citizen. I came to Australia in January 2015 on a Subclass 417 Working Holiday Visa to reunite with my father and brother, both of whom are Australian citizens, serving in the Australian Regular Army. My father is a proud Australian War Veteran. Throughout this time I have had continuous employment and multiple offers of sponsorship from employers, which are undoubtedly a positive reflection of my capabilities and work ethic. It also indicates that there is a demand for my skills, knowledge and experience which are not available locally. Unfortunately, due to current migration law, more specifically the skilled occupations list, none of my employers were able to sponsor me, regardless of their strong desire to do so. I commenced study in February 2017 at the Canberra Institute of Technology on a Subclass 500 Student Visa, completing a Certificate III in Business, Certificate III in Accounts Administration and a Certificate IV in Accounting. This decision has allowed me to invest further in my future, by achieving qualifications that are recognized within Australia. In June 2018, I submitted a request for Ministerial Intervention, asking the minister to grant me permanent residency so I could remain in Australia with my family. This request was declined by Minister David Coleman on the 28 February 2019, almost 8 months later. The letter received simply cited 'that it would not be in the public interest to intervene'. I am now in a position where I will have to leave my life here in Australia and am asking for support from the Australian public by signing this petition. It goes without saying that each individual signature is incredibly valuable and cherished. My story will be aired on A Current Affair in the following few weeks and I will keep everyone updated along the way. Love to you all x
Let Chelsea Manning visit Australia
UPDATE: Despite the government's best efforts to silence Chelsea, her interview with Peter Greste at the Sydney Opera House went ahead via video link on Sunday night. Chelsea spoke genuinely and passionately, earning a standing ovation from the crowd of over 2,000 people. It is clearer than ever that Chelsea should be allowed to enter Australia for the rest of her tour. She still has time to get here, so we need to ramp up the pressure on Ministers Dutton and Coleman to grant Chelsea's visa and #LetChelseaSpeak in Melbourne and Brisbane. --------------------------------------------------------- Chelsea Manning is scheduled to speak at the Sydney Opera House this weekend, then in Melbourne and Brisbane. But at the last minute, our new Immigration Minister David Coleman has put her visa in jeopardy and told her it may be refused on 'character requirements'. The Australian Government allows controversial far-right figures such as Milo Yiannopoulos and Lauren Southern to tour around Australia. Yet they threaten to deny the visa of a courageous whistleblower who exposed war crimes at great personal cost. This is unacceptable coming from a government that claims to support freedom of expression. Many Australians want to hear Chelsea's story and her point of view, as evidenced by a number of fully booked events. To deny her the opportunity to speak to our community is unfair, unwarranted, and a blatant overreach of ministerial powers. Join us and call on Minister Coleman to approve Chelsea's visa and #LetChelseaSpeak
Make the Great Barrier Reef an Australian citizen and protect her right to live.
You may not know it, but the world’s largest living organism, the Great Barrier Reef, has been looking out for you your entire life. She’s been protecting your coastlines, preventing tidal waves & tropical storms from washing away your cities. She’s regulating the carbon dioxide levels of the ocean to combat climate change and keep your air and beaches clean. She’s created a nursery to more than 10% of the planet’s fish species, helping to maintain the world’s fish populations. She’s even contributing to the Australian economy by generating $6.4 billion every year, supporting over 64,000 jobs and holding a modest net worth of $56 billion. (That’s about twice the worth of Aussie bazillionaire, Rupert Murdoch). But despite her massive contribution to Australia, she’s still denied the one basic right of every Australian citizen – the right to live. Coal mining, greenhouse gas emissions, the continued growth of the fossil fuel industry and lack of action against climate change are all threatening the life of the Great Barrier Reef. In fact, more than half of the shallow water corals of the GBR have been bleached to death since 2016 – all due to increasing ocean temperatures that force her to starve herself. And with the Great Barrier Reef Marine Park Authority approving the dumping of more than 1 million tonnes of dredge spoil within the marine park boundaries, things aren't looking to improve. (https://www.change.org/p/stop-the-dumping-of-1-million-tonnes-of-dredge-sludge-onto-australia-s-great-barrier-reef) But not all is lost. We at LADBible Australia have a plan. On May 8, 2019 (Australia’s unofficial day to be thankful for your Aussie mates) we contacted the Australian Department of Home Affairs to make the living, breathing Great Barrier Reef, an Aussie citizen. WHY WOULD WE DO THAT? Well, by making the Great Barrier Reef an Australian citizen she’ll then be protected by FOUR key Australian rights and freedoms: Article 12.3 The right to the highest attainable standard of physical health. Article 7.1 Freedom from torture or inhuman treatment and punishment. Article 1.2 The right to maintain your own means of subsistence. Article 6.1 The right to life. Put simply, if we recognise her contribution to Australia and rightfully make her an Aussie citizen, then the Australian government is obliged to make decisions in the interest of her health and safety (and in turn take real action against the one thing that’s really killing her – Climate Change!) BUT YOU CAN’T MAKE A REEF A CITIZEN, CAN YOU? SURE, YOU CAN: To become an Australian Citizen you simply need to tick the following boxes: 1) Be a permanent resident ✔ (She’s permanently residing across 344,400 sqm of Australia) 2) Be in Australia when a decision is made ✔ (She’s certainly not taking any holidays abroad) 3) Have spent time in Australia and know about the country ✔ (How does 500,000+ years and literally being a good chunk of the country sound?) 4) Intend to stay in Australia or maintain a lasting link ✔ (Links don’t get much more lasting than this) But seeing as we don’t have the power to grant her citizenship on our own (as much as we’d like to), we’re calling for power in numbers. More specifically your numbers. Every vote of support you contribute will directly notify the Australian Government, to let them know we are a unified voice who believe this living, breathing Aussie icon, should become a living, breathing Aussie citizen. So join us and let's help get the Great Barrier Reef her citizenship to give her the same rights that every living being on this planet deserves – the right to life.
Help us keep 3 sea open and stay in Australia
Hi Everyone. Here is the letter I have sent to the minister for the Home Affairs a few weeks ago. It explains a bit my story in Australia. My partner and I hope you will support our caseI am writing this letter to request a ministerial intervention in favour of my partner, Sandrine Mendy, and myself, Damien Pigot.To support my request I will outline my history in Australia which will explain mydetermination to live in Australia.Then I will respond to the main reason why the visa was not granted and describe the circumstances that support my request for a ministerial intervention.The last point is about our future in Australia and the plan to grow the business. History in AustraliaI was six years old , said my mother, when I first mentioned about going to Australia. The reasons are pretty much unknown to me but i guess it must have something to do with Crocodile Dundee and Jacque Cousteau.The first time I recall talking about living in Australia was at 15 years of age for a school exchange program which I did try to enrol for the following 3 years, but had to forget this dream due to financial incapacity.In October 2002, the year I passed my science certificate, and after many years of saving working holidays and week ends, I finally landed in Brisbane with a six month tourist visa.Twenty one months later I was departing Sydney with a certificate IV in natural therapy, an English diploma as well as many skills gained by labouring around Australia but also grown as a Australian by understanding the values and social rituals of everyday Australians like Nino did in the classic “They're a Weird Mob" book.In July 2004, I landed in Paris and, by then, I was known by family and friends as the 'Australian'. Settling in France was hard, the dream of Australia had grown bigger and I wanted to see more of it.In 2006, I landed for the second time in Brisbane, having told my grand mother that the next time she would see me I would be Australian. After two years touring Australia with a working holiday visa, I inquired to the immigration department about the different options available to me to access permanent residency. I was led toward an onshore skilled migration scheme that allowed direct entry to a permanent residency status after enrolling in a trade course for two years.In 2009 I have enrolled in a certificate IV in furniture making course on the Gold Coast.During that period, due to a lack of woodwork availability, I started a traditional crepes stall at a local market. Interest was growing thanks to the fact that the traditional crepes are made of buckwheat flour which is a gluten free product, and being the only producer in a large area, I, also started growing interest in the market viability of this produce as the prospect of getting full time employment as a furniture worker dropped. Unfortunately, in 2010 due to a big drop in skilled trade demand, the skilled migrant program was cancelled and I was given an eighteen month temporary residency instead of the very much expected permanent residency.2010 was also the year that I met, my now partner, Sandrine Mendy. I was catering for an event where she was working as a volunteer. Our relationship started in 2011. During the temporary residency visa time I was actively searching for a sponsorship availability within the area as I did not want to give up the work done with my catering business.In 2012, after receiving money from an inheritance and seeing buckwheat grow in popularity, the thought of creating my business rooted in my head. Inquiring to a migration agent about the possibility of getting permanent residency owning a business, I was told that running a business in a regional area for two years leads to PR. Living In Tweed Heads for many years, the area is chosen. But to be able to run the business for two years we, Sandy and I, needed to extend our visa, so we decided then to enrol Sandrine in a course that would give us the necessary time to get our permanent status.In November 2013 the shop “3 sea” opened its doors and slowly grew knowing that no certainty was yet to be achieved, no capital could be accessed and having to be patient to fully commit and grow the business fully. Almost two years later, we approached a migration agent to organise our visa; it was supposed to be a strong case ,even though the path seemed to have changed and I had to apply for a self sponsorship with a minimum wage to pay which was a condition that seemed hard to reach for my little business. Permanent residency would have to wait for the freedom to grow the business properly but the case was strong and I was confident as the migration agent was. We applied for a Regional Sponsorship Migration Scheme 187 with, myself nominated as a cafe manager. Time passed by and I could not achieve the condition asked for by this visa; it put a lot of stress on the business and on myself. After a brief depression, I learned to let go of bad emotions and felt reinvigorated. Knowing the condition would not be achieved, I appealed the decision to gain time and grow the business back to level ground.Almost five years has passed since we have opened the business. Five years of uncertainty and five years of waiting to be able to grow the business properly and to achieve the many opportunities given by this land of plenty. Unfortunately but as expected the review by the AAT has been negative toward our residency. While we fully understand their decision, it has not stopped our determination to achieve my dream and my heart is still full of hope that you will consider the circumstances that favour our residency status. Visa not grantedTo my understanding, the RSMS 187 visa was not granted because of the financial capacity of the business not being able to pay the applicant( myself) a full time wage for a period of two years. I entirely agree with that fact, and therefore I fully understand the refusal of the visa.However, I would like to point out, as I said in the previous paragraph, the fact that I was guided by a migration agent who was very confident about the process. Despite being worried about the self-sponsorship and the condition needed to achieve being granted the visa, I have followed the advise of the confident migration agent .To me growing a business takes time, as anything in life. First we plant a seed, let it grow slowly while the roots are getting stronger; when the roots are strong we add some nutrient to help the growth and later we reap the reward of a blossoming business.The condition of the visa as well as being in a low social economic area did not allow my new business to grow fast enough to reach the visa criteria. In fact, not being able to access any capital as well as having to pay myself a regular wage and also employing a few citizens has slowed the business growth.Starting and growing a business in a “normal” situation is already a challenge on its own, but doing it with no certainty in residency time frame and having no access to any capital is quite an achievement. The fact that two migrants have been able to run a business and keep it afloat for up to five years in a tough time for retail business while having no access to business help should be rewarded, especially with the high number of small shops closing down since the Commonwealth Games.I would like to add the fact that most small business owners that I know, do not pay themselves with high wages so they can keep the business running.So due to the fact that I do not believe that I can reach the conditions demanded for the granting of the RSMS 187, I have decided not to appeal the AAT decision, and instead, decide to request a ministerial intervention. Reason to consider the request for ministerial interventionThe circumstances chosen that would favour my request are from the Home Affairs webpage https://www.homeaffairs.gov.au/lega/lega/form/immi-faqs/what-are-unique-or-exceptionalcircumstances-what-type-of-documents-do-i-need-to-support-my-claims• The length of time spend in Australia. I have spend over fourteen years in Australia since first landing in October 2002 while Sandrine has spend eight years since 2006.• How much part of the Australian community have we become.Having been inAustralia for that long, we consider ourselves Australian, just with a bit of anaccent, which means that we believe we have been part of the local community,but also the French community, the African community, the indigenouscommunity, the surfing community, the food community and many more thatmake the Australian community. Here are some of the events we have beeninvolved with as well as some help we have given. We consider them much moreas being friendly and human as being part of a community.• Part of the mud army during the Brisbane flood in 2010• Giving accommodation to stranded people during the Murwillumbah flood in 2017• Giving lifts to elderly people to their doctor appointment when their family was away.• Helping and giving food to an ill customer.• Giving food to a surf charity event• Involvement in French culture intervention in local school• Involvement in french culture intervention at a local radio station• Part of every food event in the Tweed• Face of the Taste the Tweed food festival in 2017• Sponsor of the Gold Coast French festival• Part sponsor of local school fair and exhibition• Involvement in charity events for the local youth, as well as for an African charity• Employed local youth, trained indigenous people for work experience• Gave food to “the family centre' charity association• Creating cross cultural events such as screening an Australia-France soccer game, organising the first “fete de la Musique” event in the Tweed and also manyAfrican nights with food and dance.• Many more events and actions have been done but most of them are reminded to me by customers. As I said; what we do is just who we are, and this is the main reason our business is unique.• Providing economic, cultural and other benefit to AustraliaDespite being a small business, we do provide an economic benefit to the area just by using local suppliers whenever it is possible. I do not mind to pay extra only to be sure of the provenance of a produce. I will always choose short circuit food whenever quality is not affected. We also employ one casual Australian staff and are looking for a second one also.By being a French boy from Brittany and a French woman with parents from Africa,the culture benefit is very big. We tend to show a part of France not really known to the world. In our shop, it is a showcase of the regional/provincial type of food on offer that is unique to us. For example, the staple food of my province, buckwheat, is a gluten free option that is gaining popularity in Australia. This plant has been grown in Australia for about 40 to 50 years mainly for the Japanese market while in Brittany it has been cultivated for thousands of years. My experience with this produce makes me a specialist in Australia and I have been in contact with Australian farmers to help improve the quality of their produce. “3 sea” is also a hub for the local French community and for the people who want to learn or practice their French too. This is why we have every Wednesday the club of French lovers coming to practice their French. Future in AustraliaThe first business plan, before the business started, was to run the catering and cafe business for two years, then with the permanent residency granted, get access to capital to be able to develop the future of the business with the wholesale of the buckwheat goods. Unfortunately the visa was not granted, and the focus shifted to growing the business with a wholesale side of it to make it steady and grow slowly with cafe and catering jobs while also developing and working on the buckwheat goods.We have now started the sale of buckwheat goods under the brand “recipe of Mam-Goz” and keep it small despite an increase in demand for gluten free produce. Keeping small, we are still supplying numbers of health food shops, restaurants and also cellars with our unique produce.The reasons we believe in the possibility of growing the business are many. First it is a gluten, sugar and dairy free product which makes it part of the large market of healthy produce that keeps expanding yearly. The products are very unique and there is no competition in Australia.Australian grown buckwheat is also expanding and will adapt very well in a climate that keeps getting harder. We have talked to farmers for years about improving the quality of the buckwheat; but to make farmers change their process, they would need a commitment from me such as buying a tonne of the produce, which is only fair from their part as I am just a French man so far. Buying a tonne of buckwheat in Australia costs roughly five to six thousand dollars. When you have no access to capital, it would be a huge commitment from my part knowing that it would take probably six month to use it all at the stage we are now, with the thought of a bridging visa which could stop in twenty eight days.Getting our Permanent Residency or five year temporary visa would give access to time to commit with farmers as well as giving access to capital that would allow us to import the special machine that would increase the volume of produce being made which in time would grow the business and create full time work for locals.We also have a plan in working more with local schools in creating a program to learn about taste and flavour. Australians love to see people ‘having a go’ and this is what we have done. Now we would like to have a fair go too. In a tough year for the retail business it would be unfortunate to shut down a unique opportunity of growth in a low economic area due to a wrong migration pathway.I am hoping you will reconsider our immigration situation and favor our request, not just for our benefit but for the benefit of the local community too. If needed I would gladly come to Canberra for a meeting so you could see that we are truly genuine in our migration process. I am most grateful for the time you are spending over our situation. Yours FaithfullyDamien Pigotowner of 3sea catering & Recipe of Mam-Goz buckwheat goods.
Please sign this petition to grant Kayban a visa. As his mother, Shizleen Aishath states "It's actually [the difference] between him staying alive and dying, as hard as it is to put into words." A family from the Maldives is locked in a desperate legal fight to stop their two-year-old son being deported from Australia because of his disability, amid fears being forced to move could lead to an early and painful death. Kayban Jamshaad has severe haemophilia — a bleeding disorder which stops blood clotting — and an acquired brain injury, which occurred when he was born at St John of God Bunbury Hospital in Western Australia. He requires weekly medication for his haemophilia and round-the-clock care to manage spastic quadriplegia, visual impairment, seizure disorder and developmental delays arising from his brain injury. Medical specialists said the Maldives was not equipped to manage Kayban's complex health needs, and forcing him to live there would most likely be fatal. "It's actually [the difference] between him staying alive and dying, as hard as it is to put into words," said his mother, Shizleen Aishath. Doctors sound grave warnings. In a letter provided to the Department of Home Affairs, his rehabilitation physician warned that without proper care, Kayban would likely suffer a severe shortening of his muscles and joints, curvature of the spine, "osteoporosis, with a high risk of pathological fractures, hip dislocation, malnutrition, respiratory failures and premature death". WA Health's Haemophilia Service also advised the department that the Maldives does not have the resources or systems in place to provide adequate treatment. Despite those warnings, the department ruled there was not enough documentary evidence, or "compelling" and "compassionate" circumstances, to grant Kayban a health waiver that would allow him to stay. "The refusal to allow a child to stay even though he faces the certainty of a painful and premature death — if that's not sufficiently compassionate and compelling then I don't know what is," said migration agent Jan Gothard, who is a health and disability specialist with Estrin Saul Lawyers, which is handling the case. Kayban's mother is currently working as a social worker in Bunbury and holds a temporary skilled shortage visa. Her husband, daughter and other son were all granted support visas. 'It comes down to an algorithm.' Under Australia's immigration laws, applicants can be rejected if they have any condition which could result in significant healthcare costs or prejudice the access of Australian citizens and residents to health services. The department estimated Kayban's health costs would be $59,000 a year. It said it was not satisfied his family could cover that cost, despite them doing so for almost three years without any access to any public health support, including Medicare. Dr Gothard said the visa that Kayban applied for would disqualify him from receiving any public health benefits, so the estimated costs were irrelevant. "These costs simply cannot accrue, and yet [applicants] are costed and they fail the health requirement as if they were going to be able to access these services," she said. "It's not logical, it's not rational, it's just silly." Kayban's case has been taken to the Administrative Appeals Tribunal — a legal process that could take months. While the family awaits that outcome, disability advocates say it is yet another example of Australia's discriminatory immigration laws. "Frankly it's obscene that we treat people with a disability this way," said Dwayne Cranfield, the chief executive of the National Ethnic Disability Alliance. "People are broken down to a cost-benefit essentially, it comes down to an algorithm — the humanity is taken out of the situation, you become an equation." Law exemption allows disability discrimination. Dr Gothard says dozens of families are affected every year, and the impact is even more widespread. "I think it sends a very strong message to people with disability living in Australia … that basically people with disabilities are considered a burden on the Australian society, she said. "They're not deemed to contribute in any way at all and, given the choice, the Australian Government would much rather they weren't here." The department said it would not comment on individual cases, but insisted its policy was not discriminatory. "All applicants are treated in an equal and fair manner," a spokesperson said. But Dr Gothard said that was "bureaucratic doublespeak", and pointed to the Migration Act's exemption from the Disability Discrimination Act, to allow discrimination on the grounds of disability in migration decisions. Ms Aishath's employer told the department she would be "exceedingly difficult to replace" if her family was forced back to the Maldives, and "it would be a great loss to our company and to the region."
Stay in Australia
This amazing Zimbabwean Family have been in Australia for nearly 8 years, their last child who is 4 was born here. They make AMAZING contributions to Australia through their pastoral work, volunteering, charity efforts and sporting achievements. They are kind and positive to everyone around them. They have found themselves in this position because of government visa changes. Please help us show the Minister that we care about this family and Australia needs good people like them.
My refugee friend has cancer. He's been in detention for 9 years. PLEASE LET RAJAN BE FREE
Our government has kept Rajan locked up in immigration detention for almost 10 years. Now he has been diagnosed with leukaemia. Please - let Rajan live in our community with the support of the many friends who care for him. My name is Matt, and I am part of a community of volunteers who visit people held in the immigration detention centre in Melbourne’s north. That’s how I got to know Sivaguru, a 45 year old Tamil man. All of his friends call him “Rajan”. The detention centre is a bleak, dispiriting place. There’s not a lot of hope on offer. But Rajan’s warm, welcoming smile has become a highlight of every visit. His gentle, friendly nature make it hard to believe our government has kept this beautiful soul locked up for almost a decade. Rajan sought safety in Australia nine years ago, after fleeing Sri Lanka’s brutal civil war. Soon after, our government recognised that he was a genuine refugee who feared for his safety. But Rajan’s hopes were crushed by a secret security assessment, trapping him in detention without hope of release. It took six years for Australia’s security agency to acknowledge that Rajan was not a threat to anyone. By then, Australia’s immigration laws had changed. Immigration officials told him he had to prove his refugee status all over again. Incredibly, Rajan’s refugee application was rejected. For the last nine months, he has been fighting to have the decision overturned. Now he has been diagnosed with leukaemia. I’m scared that our government will leave Rajan to get sicker and sicker in detention. But I’m even more terrified by the thought that they could force him back to war-torn Sri Lanka, where Tamils still face arbitrary detention and torture. I know that despite his brave smile, nine years of detention have left Rajan in a state of hopelessness and despair. It is now two years since the Commonwealth Ombudsman called for his case to be urgently referred to the Minister for Immigration on mental health grounds. Please, Mr Morrison and Mr Coleman. I’m begging you to allow Rajan to live in our community, where his many friends can support him during this difficult time. Summary in Tamil:ராஜன் - ஒரு நல்ல நண்பர். 10 வருடங்களாகின்ற தடுப்புமுகாம் வாழ்க்கை துயரமானது. இப்போது அவருக்கு அவசர மருத்துவ உதவி தேவை. அவருக்கு நீதி வேண்டும். அவருக்கு விடுதலை வேண்டும்.