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Government overturns midwife visa decision

The Federal government has overturned a decision to deny permanent residency
to a British midwife and her family because her child has Down syndrome,
ending a six-year legal battle.
The woman, who has asked not to be named, moved to Perth in 2001 with her
husband and three children, including one with mild range Down syndrome.
The family applied for permanent residency in 2002 but were knocked back
because the immigration department judged the child would be a drain on the
health system.
A string of appeals followed, culminating in a request for ministerial
intervention earlier this year.
The case came to prominence this month, following outrage about a similar
case involving Bernhard Moeller, a doctor working in rural Victoria.
But Senator Evans rejected suggestions that he acted only after the issue
hit the headlines.
“I made the initial decision back in August to recommend a visa, subject to
the security and health checks of her,” he told the Senate.
“The file came up to me this week, and I approved her visa yesterday.”
Senator Evans said he would consider exercising his ministerial intervention
powers in Dr Moeller’s case as well, once all his avenues of appeal were
exhausted.
Dr Moeller has a temporary 457 visa which is valid until 2010, but he has
been denied permanent residency because his 13-year-old son Lukas has Down
syndrome.
The immigration department currently has no choice but to deny such
applications, a situation Senator Evans today said was a “bit inflexible”.
“I do not think it gives the department enough discretion.
“I have actually argued for more discretion for the department and less
ministerial intervention more generally.
“So I will have something to say on the broader issue of the treatment of
these matters at some time in the near future.”
Down Syndrome Association of WA spokesman Jan Gothard welcomed Senator
Evans’ decision but said it was “only the beginning”.
“It’s marvellous for this family, and heaven only knows they’ve been waiting
for six years for a positive outcome, but there are other families still in
the same situation,” Dr Gothard said.
Opposition immigration spokeswoman Sharman Stone said Senator Evans should
urgently review the “blanket discrimination against children with Down
syndrome”.
“Quite self-evidently, this issue should be dealt with on a case-by-case
basis,” she said.
AAP