Sue Boyce (Queensland, Liberal Party) Share this | Link to this | Hansard source

My question is to the Minister for Immigration and Citizenship, Senator Evans. When will the minister act to enable intensive-care specialist Dr Moeller and his family to remain in Australia?

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

I thank the senator for her question. As the senator would know, there has been a deal of controversy around the decision to reject an application for permanent migration to this country from Dr Moeller. The process is that, once rejected initially by the department, Dr Moeller has the right to apply to the Migration Review Tribunal for review of that decision. I understand he recently did that and sought that review. If that appeal is not successful, if the tribunal uphold the decision of the department, he can then ask me, as the minister, to intervene in his case. I am able to take into account his individual circumstances, including his contribution to the community. Contrary to the press release put out by Senator Bernardi, which sought to misrepresent the situation—and I thought that was a very unhelpful contribution—

Helen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

Mr President, I rise on a point of order. I want to draw Senator Evans’s attention to the fact that he attributed to Senator Bernardi an intention that reflects, I think, on Senator Bernardi. Perhaps he might care to just reword it.

John Hogg (President) Share this | Link to this | Hansard source

There is no point of order.

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

The reason I do so is that I think it is important because everybody else in the Australian community understands that the minister cannot intervene until such time as a tribunal or court upholds the department’s decision to refuse a visa. That is a question of law. It is the situation that applied under the previous government. Nothing has changed. If Senator Bernardi or anyone else was genuinely interested, they could have sought the advice of anyone who knew anything about immigration matters.

Dr Moeller currently holds a temporary business visa valid until 2010, so there is no suggestion of him having to leave the country in the short term. He and his family are not being forced to leave Australia. The department recognises the need for and contribution of skilled professionals such as doctors in rural areas, but it has an obligation to apply the relevant laws and regulations to all visa applicants.

Australia’s immigration laws do not preclude persons with Down syndrome visiting or migrating to Australia. Any health issue with significant cost implications is likely to lead to the health requirement not being met and a visa being refused. This is not just in terms of disabilities; it might be to do with cancer, kidney disease, cardiac conditions et cetera. All applicants for Australian visas must meet the health requirement, which is determined by the department on advice from the Department of Health and Ageing. That health requirement is held in order to protect the Australian community from public health and safety risks, to contain public expenditure on health care and community services, and to safeguard the access of Australian citizens and permanent residents to health care and community services in short supply. Where the medical officer of the Commonwealth has assessed a visa applicant as having a medical condition that is likely to result in a significant cost to the Australian community or to prejudice the access of Australian citizens or permanent residents to health care or community services, this decision must be accepted by the department’s visa decision maker. Dr Moeller applied for a permanent skilled visa, and a waiver to that health requirement is not available for skilled migration visas.

As I say, I understand Dr Moeller and his family have applied for a review of that decision. That will go through to the MRT. I understand they will try and deal with that expeditiously. If Dr Moeller and his family are unsuccessful in that appeal then they can seek ministerial intervention and put their case to me. Therefore, it is not appropriate for me to comment on the individual circumstances of the case—I may well end up being the decision maker. But I can assure the senator that proper process is being followed and it is the case that those steps have to be gone through under the migration law of this country. (Time expired)