"The Australian Story by a British Carer"
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UPDATE: 10th April, 2014
Dear Mr Sideridis
Referral of Mr D. Anthony Solomon Joseph's case by the Migration Review Tribunal - MRT Case No: 1303649
On 25 March 2014 the Migration Review Tribunal (MRT) referred Mr D. Anthony Solomon Joseph's case to the Department for possible consideration under section 351 of the Migration Act 1958 (the Act). In light of this referral, the Department has initiated a Ministerial intervention request on your client's behalf.
As you may be aware, section 351 of the Act provides the Minister with the power to substitute a decision of the MRT with a more favourable decision if the Minister thinks it is in the public interest to do so.
Your client should also be aware the Minister is under no obligation to intervene in your client's case. This means that your client should not discontinue any application for judicial review on the expectation that the Minister will intervene.
I have enclosed a copy of an information sheet which contains important information relevant to the Ministerial intervention process. Please read the leaflet carefully.
The Minister will generally only consider requests for Ministerial intervention where your client and anyone else included in the request, hold a bridging or other visa or have applied for one. If your client does not have a visa, he should apply for a bridging visa now as failure to do so may mean that his request for Ministerial intervention will not be considered by the Minister. Your client should contact the Compliance section of the Department on Level 4, 26 Lee Street, Sydney to discuss his bridging visa options.
The Department will advise you of the outcome of this request when it is available. If you have any questions please contact NSW Ministerial Intervention.
(Statutory Declarations & Submissions have all been provided in Case File to the Department)
UPDATE: 21st March, 2014
REFERRAL TO MINISTER FOR INTERVENTION
23. For the following reasons, having regard to the particular circumstances arising in the present case, the Tribunal is of the view that there are strong compassionate circumstances such that failure to recognise them would result in irreparable harm and hardship to Ms Lily Joseph, an Australian citizen.
24. Ms Lily Joseph is a 91 year old frail elderly woman suffering from multiple medical problems. The present application under review has been refused on the basis of the undisputed facts and evidence before it of an ongoing spouse relationship between Ms Joseph and her 85 year old husband, Mr Merlin Leslie Joseph. The couple are living with, and are dependent on, their son, who sponsored the application, Mr Paul Joseph. But for the spouse relationship, Mrs Joseph would meet the definition of being a member of her son, Mr Paul Joseph's family.unit. For this reason, the Tribunal considers that the application of relevant legislation leads to an unfair or unreasonable result in the particular case. In light of the advanced age and health conditions of Mr and Mrs Joseph, refusal of the visa to enable the applicant to continue to provide much needed and full time care to Mrs Joseph in particular would cause them irreparable harm and continuing hardship.
25. Having considered the ministerial guidelines relating to the Minister's discretionary power under s.351, set out in PAM3 'Minister's guidelines on ministerial powers (s345, s351, s391, s417, s454 and s50lJ)' the Tribunal considers this case should be referred to the Department to be brought to the Minister's attention.
MRT - Migration Review Tribunal
I'm a Registered Carer - NSW Carers Australia - Membership No: 13152
Since my arrival from London in December, 2010 - I am the Primary Carer to my Mother - Lily Joseph 90+ years and I also Care for my Father - Merlin Joseph 85+ years. They both have very serious health conditions that needed a great deal of Care & attention at home.
I am a British Citizen, came to Sydney on one of my regular visits from London and found both my Parents - (both Australian Senior Citizens), in a very critical state of health at the time. It was very obvious that should I had returned back to London would have inevitably lead to their further decline in their health hence, help was desperately needed for both.
In March, 2011 - I submitted my application for a Carer Visa which was Refused by the Department of Immigration and Citizenship (DIAC) in February, 2013 on the grounds that my younger brother - Paul Joseph who was my Sponsor at the time was not eligible to Sponsor me.
Though, in accordance to the DIAC's requirements my Mother should have been my Sponsor, it is our submission that DIAC's refusal of the application is unfounded as the instructions of form 40 are open to misrepresentation. It would indicate that the applicant's brother could also be an eligible sponsor. It was NOT clear that as Aged Pensioners Lily or Merlin could Sponsor the applicant due to their ill health and respective medical conditions which would have been prejudicial to the legislative requirements.
However, through my Lawyer - George Sideridis, Solicitor of the Supreme Court of NSW, Registered Migration Agent - Migration Legal Australia - (02) 9402 9255 has made the "Submission for Appeal" to the MRT - Migration Review Tribunal to over turn the Decision as there are clear and compelling reasons why I am eligible for the grant of a Subclass BU836 Carer Visa. Therefore, I kindly seek your help and support in this matter for which I will be eternally very grateful.
My Mother, under the Care of Specialist Consultant Physician Geriatrician - Dr Kujan Nagaratnam - Ph: (02) 9686 9010- Specialist Services, Suite G12, Norwest Medical Centre, 9 Norbrik Drive, Bella Vista, NSW 2153 - had previously stated in a report in June 2010 (prior to my arrival in December 2010) the necessity for a Carer to look after my Mother - Lily Joseph (03/04/1923) who is extremely frail with poor mobility and, suffers from the following conditions:
Rheumatoid Arthritis, Piaget's disease, High Blood Pressure, Small Vessel Cerebrovascular disease, Dizziness, Lethargy, poor gait, hypertension, weakness, lethargy, restless leg syndrome, vitamin D deficiency, Osteoporosis, abdominal pain and cognitive impairment.
On the advice of both my Mother's and Father's Specialists, Doctors and Family GP's, it was prudent for me to remain onshore to assist in looking after my parents as I have been doing so tirelessly, with limited financial support to this date.
My Father, is a recovering Bowel Cancer patient who underwent three operations previous to my arrival and, remains under the Care of Professor Dunn at Blacktown Hospital.
Both my parents also have regular appointment with their heart Specialists - Dr V Mano Mohan - Consultant Cardiologist - 20 Hereward Highway, Blacktown, NSW 2148 - Ph: (02) 9671 3011
I now have engaged Baptists Community Services - Wendy Chan (Coordinator) Ph: (02) 8804 4700 for help and I am very thankful to their excellent services they provide twice a week for my mother hence, providing that loving care and, respite for myself.
I left London back in December 2010 not knowing the situation here in Doonside, Blacktown which has been my second home since 2000. I have regularly been visiting my parents since then, unfortunately I have had to place my Career as a Management Accountant - Charities & Media on hold together with my life back in London.
I am now rather exhausted in anxiety simply awaiting for a date to the Hearing with the MRT and, not knowing the outcome when it happens. It is very important for me to be granted Permanent Residence to Australia as my parents remain under my watchful eyes for their continued Care at Home.
Thankfully, my being here has made a significant difference in their health and well being. This is clearly the case without a shadow of doubt and is evidently mirrored in the recent Medical Reports by all their Specialists Consultants, Doctors at Blacktown Hospital and family GP's.
Once again, I will be eternally grateful to your support in signing this petition as I intend to take this matter to the Australian Prime Minister - Mr Tony Abbott, and the Immigration Minister - thank you.
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