Jacinta Collins (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister for Immigration and Citizenship, Senator Evans. I refer to the case of Dr Bernhard Moeller and his family, who were refused permanent visas by the Department of Immigration and Citizenship because of the significant public health and community care costs their son’s health condition would incur. Could the minister please update the Senate on this matter?

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

Jacinta Collins (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I would first like to commend the minister for his handling of this matter. Can the minister advise what steps he is taking to ensure this does not happen to other migrant families working in Australia with similar circumstances who may be seeking permanent residency?

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

The case of Dr Moeller and his family has publicly highlighted concerns that I had expressed and raised recently after having to intervene in a small number of similar cases involving children with a disability in families seeking permanent visas. Currently, all applicants for permanent visas must meet health requirements and any health or community care with significant cost implications can lead to the health requirement not being met and a visa refused. When assessing the health requirement, the cost is taken into account along with state related costs such as educational needs, accommodation and community care. But no assessment of the individual’s particular circumstances occurs. I have consulted with the Hon. Bill Shorten, the parliamentary secretary for FaHCSIA with responsibility for disability services, and he and I will ask the Joint Standing Committee on Migration to inquire into the treatment of disability in the context— (Time expired)

Jacinta Collins (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Can the minister expand on the concerns about how provisions in the health requirement impact on people with disabilities seeking permanent residency?

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

As I said, I am seeking to have the Joint Standing Committee on Migration inquire into the immigration treatment of people with disabilities. I have also sought to encourage state and territory leaders to support an amendment to the migration regulations that will allow for a possible waiver of the health requirement for permanent visa applicants in areas of demonstrated need. If the states and territories agree, a waiver will be available for onshore applicants and their dependents who do not meet the health requirement. The regulations will enable the department to waive the health requirement after seeking input from the states and territories. The regulations have been drafted and require the agreement of the states and territories because there are state related costs such as special educational needs, assisted accommodation and community care. I urge the states and territories to sign up to this agreement because that will assist other families who may be in a similar situation to the Moellers.