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Doctor refused PR Visa because his son has Downs

This is a discussion on Doctor refused PR Visa because his son has Downs within the Victoria forums, part of the Australian States & Territories category; Wow.....that is a real insight to the litigation world and one that is obviously very contentious and is trying to ...

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Old 17-11-2008, 01:23 AM   #11 (permalink)
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Wow.....that is a real insight to the litigation world and one that is obviously very contentious and is trying to be faught from many angles without that much success. At least families know where they stand (for now) and if they have the money / strength / patience then anything could happen!

Thanks again for the posts.

Tom

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Old 17-11-2008, 02:03 AM   #12 (permalink)
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Gill
Thank you for once again your in depth knowledge and wisdom. Where would we be without you!!
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Old 25-11-2008, 11:21 PM   #13 (permalink)
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Here is the latest update from the Herald Sun this morning for those following the case. The Dr appealed and has once again been refused PR. However, it looks like the Immigration Minister MAY overturn the decision:

GERMAN doctor Bernhard Moeller has appealed to Immigration Minister Chris Evans after a tribunal upheld a decision to refuse his family permanent residency because of his Down Syndrome son Lukas.
Dr Moeller, a specialist physician, brought his family to Horsham, in Victoria's west, two years ago on a 457 temporary visa to help fill a shortage of general practitioners in the town of 14,000 people.
With the visa due to expire in 2010, Dr Moeller and his family have sought permanent residency.
"I'm very disappointed and tired - it's been a hard time for my family," Dr Moeller told AAP.
"The people here have been very supportive - we wouldn't have survived in Australia without their support."
Dr Moeller said that soon after the Migration Review Tribunal upheld the Immigration Department's controversial decision to deny the family residency yesterday, he received a call from the office of Immigration Minister Chris Evans suggesting he might overturn the decision.
"That gives us hope," Dr Moeller said.
"They asked me if I wanted this to be done quickly and I said yes."
Dr Moeller said he won't be supplying any further information to the minister's office because it was all given to the tribunal.
"We've exchanged emails with me asking the minister to intervene in this case," he said.
He said the tribunal told him that 13-year-old Lukas does not fulfil the criteria of the immigration laws and regulations. A commonwealth medical officer had assessed that Lukas's medical condition was likely to result in significant and ongoing cost to the Australian community.
But Dr Moeller said his family has the financial means to care for Lukas.
"I have the means to look after him and I will look after him," he said.
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Old 26-11-2008, 04:24 AM   #14 (permalink)
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Call me a cynic but I believe there could be politics at work here.
The Doctor has been refused a permanent visa all the way through the process up to but not including the Immigration Minister. Whats the betting that in a week or so his visa rejection will be over ruled by the Minister then The ALP can broadcast what a caring government we have.
More brownie points for Kevin 747.
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Old 26-11-2008, 08:44 AM   #15 (permalink)
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Well, he has now been granted PR!!
GERMAN migrant doctor Bernhard Moeller said he was shocked when told he and his family could stay in Australia.
Dr Moeller said he did not initially believe the woman who rang to tell him he and his family had been granted permanent residency, saying he had to get her to repeat herself a number of times.
"I had to ask them several times to confirm it: so we have permanent residency? She said: yes," Dr Moeller said.
"I didn't expect it to happen so quickly, it has been less than 24 hours (since the visa was refused).
"We were hoping to hear something from the department as they spoke to us yesterday (Tuesday) minutes after the refusal from the tribunal."
Are you pleased with the Government's decision? Add you comments here.
Dr Moeller, who took up the post as a much-needed specialist physician in the Victorian town of Horsham almost three years ago, had twice earlier been refused permanent residency because his son Lukas was considered too much of a burden on taxpayers.
Lukas, 13, suffers from Down syndrome.
The Department of Immigration initially refused the family permanent residency and the Herald Sun today exclusively reported their appeal had been knocked back by the Migration Review Tribunal - leaving Mr Evans the last hope for the family to stay.
Dr Moeller said Lukas was very happy with the decision but it had been a stressful and draining time for the whole family.
"The bureaucratic process was disappointing," Dr Moeller said.
"I never had any problems with Australia.
"We have been lucky with the amount of support we have experienced from all around Australia, Australians are such friendly people who look after each other."
Senator Evans said he received Dr Moeller's application for ministerial intervention this morning and approved it several hours later.
''It was clear to me that Dr Moeller and his family are making a very valuable contribution to their local community,'' Senator Evans told the Senate.
''Dr Moeller is providing a much needed service in the area, the family have integrated very well and they have substantial community support.''
''I'm pleased they have chosen to call Australia home,'' he said. Senator Evans said he regretted the stress the family had been subjected to throughout their application process.
Mr Evans also announced a review of laws which meant Dr Moeller's son was automatically rejected in his permanent residency application because he suffered Down syndrome.
Victoria and other states will be asked whether they support individual residency applications from families who face circumstances where they offer community benefit but, because their child has health difficulties, are presently excluded from permanent residency.
- with AAP
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Old 26-11-2008, 10:08 AM   #16 (permalink)
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Hi All

It is brilliant news fro Dr Moeller, and thank you to Kate for the news from the papers. I hope that the Minister has been similarly generous towards Dr Downes in Sydney.

It only took the Robinson family 6 years, a visit to the Tribunal, a trip to the Court and TWO appeals to the Minister in order for Mrs Robinson - a midwife in Perth - to obtain permission for her family to remain in Australia indefinitely.

However, the Minister's decision about Dr Moeller's case leaves the Law in rags and tatters. Hats off to Dr Moeller's legal team for such a speedy result but it is going to cause immense problems for the Minister.

I know a lass whose child is permanently blind. Their application for a subclass 136 visa (the forerunner of the current subclass 175 vsa) was refused because of the child's blindness. The lady's husband is not a doctor. I think he is something to do with IT though I am not sure.

With the current Minister content to ignore the medical criteria for migration to Oz, this family could now play a tactical game. They could find an employer willing to support them and they could more or less demand a visa from the Minister, given the precedent that he has now set for himself with Dr Moeller.

In terms of applying the law properly, I think the Minister has made a massive mistake which is likely to come back to haunt him.

Best wishes

Gill
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Old 02-12-2008, 12:24 AM   #17 (permalink)
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I am an experienced Civil Engineer with a job offer and a 457 visa. We're hesitating in coming out because my youngest has moderate learning difficulties (no medical needs) and has to attend a special school. Her 457 has only been granted because the employer is willing to underwrite all sorts of costs; we've been advised that Permanent Residency looks unlikely.

Our view at the moment is that we do not want to be part of such a backward society. Scratch the surface.........
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Old 02-12-2008, 12:37 AM   #18 (permalink)
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Hi burgledad

Welcome to Poms in Oz.

This link provides more information about Dr Moeller's case and what the potential implications might be for other people:

German doctor wins visa - Topic Powered by eve community

Best wishes

Gill
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Old 02-12-2008, 08:52 AM   #19 (permalink)
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Gill,

We're taking legal advice on likely PR outcome before moving on the 457, but it looks doomed. The success stories are newsworthy exceptions which does not provide acceptable odds.

cheers
Burgledad
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Old 03-12-2008, 05:43 AM   #20 (permalink)
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Quote:
Originally Posted by burgledad View Post
Gill,

We're taking legal advice on likely PR outcome before moving on the 457, but it looks doomed. The success stories are newsworthy exceptions which does not provide acceptable odds.

cheers
Burgledad

Just wanted to wish you luck, I don't suppose anyone can say what the outcome will be until your in that situation.
Hope everything works out for you.
Kate
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