I am sure a lot of you are aware of the case that is currently being fought in Victoria at the moment about the German Doctor who is here on a temp visa and has just been refused
PR and told he has to leave Australia in 2010 because his son with Downs will be a drain on the health service. There is an uproar at the minute over here and he is hoping to get the decision overturned. For those that don't know anything about the case take a look at this article (I have cut and pasted from the Herald Sun) if he wins it could open up the doors to other families who have also been refused visas because of health costs.
A MIGRANT doctor and his family are being forced to leave Australia, and the Victorian town that desperately needs him, because his son has Down syndrome.
Dr Bernhard Moeller answered a call from the Federal Government and the Horsham community two years ago, and moved from Germany to become the town's only permanent specialist physician.
But the
Department of Immigration and Citizenship this week rejected an application from Dr Moeller and his family for permanent residency because his 13-year-old son, Lukas, has Down syndrome and does not fit the bureaucracy's health criteria.
On advice from a government doctor, the department wrote to Dr Moeller saying his son had been assessed as a burden on Australian taxpayers and could not be granted permanent residency.
A copy of the decision said care for Lukas was "likely to result in significant costs to the Australian community in health care and community services".
Angry? Send Immigation Minister Chris Evans an email about this decision.
But Dr Moeller said his son would always be cared for by family and his needs at school were not prohibitive. "I have the means to look after him and I will look after him," he said.
Horsham, with a population of 20,000, is enraged at the prospect of losing its only internal medicine specialist and residents rallied outside Dr Moeller's practice yesterday, demanding the decision be overturned.
As well as his private practice, Dr Moeller fills a key role at the
Wimmera Base Hospital, which serves 50,000 people in the region.
"We are desperate for doctors in the country and the Government says we must get skilled labour from overseas," said Business Horsham's Andrea Cross.
"The decision to reject residency is crazy. He has a disabled child but we've got great support for him here."
Dr Moeller said he was hurt by the rejection, but thanked the community for its support.
"We feel rejected, not welcome any more, by the Australian Government," Dr Moeller said.
"But we've had huge support here in the community."
Dr Moeller is in Australia on a 457 temporary working visa that expires in 2010.
He and his family searched for the best place to raise a family and his wife, Isabella, said Australia was the preferred choice because of the support it offered disabled children.
Lukas attends a mainstream primary school and has an integration aide and speech therapy.
He plays football, cricket, golf and table tennis, and his parents say he has no difficulties coping.
Ms Moeller said Down syndrome was graded from zero to 100, with zero representing a fully dependent sufferer and 100 the mildest affliction. Lukas was rated close to 100.
"It's the worst thing that's happened to me – worse even than when they told me Lukas had Down syndrome," she said. "We fought for years against discrimination in Germany against Lukas.
"We wanted to make sure he got the best quality of life, and when we looked all over the world we decided Australia was the right place to live.
"We came to Australia in April 2006 on a temporary residency visa, and we told everybody then we wanted to stay in Australia as permanent residents, but they didn't mention anything like this even possibly happening.
"Now we have to start fighting all over again against discrimination."
Down Syndrome Victoria yesterday slammed the Federal Government's decision.
"This decision is disgraceful and discriminatory," Down Syndrome Victoria executive officer Catherine McAlpine said.
"The department are not looking at Lukas as an individual or seeing his potential.
"Instead, they are making assumptions based on their outmoded understanding of intellectual disability."
Ms McAlpine said the case was one of a number where people with Down syndrome were refused residency automatically because they were judged to be a drain on Australian resources.
"It is outrageous that in the same year the Australian Government ratified the UN Convention on the Rights of People with Disabilities, it is effectively stripping this young man of his human rights," Ms McAlpine said.
Immigration Minister
Chris Evans's office referred questions regarding the Moeller case to his department.
A departmental spokesman said officials were legally bound to reject an application if a Commonwealth medical officer deemed the applicant posed a significant cost burden.
"It is long-standing government policy that high-cost medical conditions are a consideration in visa decisions," the spokesman said, adding that the family could appeal against the decision to the
Migration Review Tribunal and, failing that, to the minister.
Dr Moeller said the family would appeal.
Horsham hospital Wimmera Health Group chief executive Chris Scott said he was very disappointed at the decision to refuse Dr Moeller's family permanent residency.
Mr Scott said Dr Moeller's was the only permanent position at the hospital, and two other vacancies were unfilled.
"We recruited him specifically from Germany," Mr Scott said.
"We think it's very disappointing that such a decision can be made when rural Victoria is crying out for senior medical appointments."
