Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I thank Senator Collins for her interest in this case and for her representations to me. I was advised last night that Dr Moeller’s appeal to the Migration Review Tribunal had been unsuccessful. By law the minister cannot intervene until such time as a tribunal or court upholds the Department of Immigration and Citizenship’s decision to refuse a visa. This morning I received a request from Dr Moeller that I intervene in the family’s case. A short time ago my office contacted Dr Moeller to advise him that I have granted permanent visas to the family.

Dr Moeller and his family are a compelling case. The family moved to Horsham in Victoria two years ago on a temporary skilled migration visa in response to the severe rural doctor shortage. The family’s application for permanent residency was refused by the department last month—I must stress, in accordance with the law—after a Commonwealth medical officer assessed that Dr Moeller’s 13-year-old son, Lucas, would incur significant public health and community care costs due to his Down syndrome. Where a medical officer of the Commonwealth has assessed a visa applicant as having a health condition that is likely to result in a significant cost to the Australian community or prejudice the access of Australians to health care or community services, the law requires that this decision must be accepted by the department.

As minister, I can take into account all the circumstances, and it was clear to me that Dr Moeller and his family are making a very valuable contribution to their local community. Dr Moeller is providing a much needed service in the area. The family have integrated very well and they have substantial community support, including of course from the Victorian Premier, their local member, Mr Forrest, and a range of parliamentarians. Their continued presence and contribution to Australia will be beneficial to our society and I am pleased that they have chosen to call Australia home. I wish to express my regret at the distress this has caused Dr Moeller and his family and I look forward to them becoming citizens. (Time expired)