Another denial of residency in Australia due to having a child with Down syndrome

From Perth Now in Australia Nov. 8:

A highly regarded British midwife is being forced out of Australia because her Down syndrome child is considered a financial burden on the nation.

The woman - described by fellow staff at Perth's Joondalup Hospital where she works, as "one of the hospital's best'' - has waged a legal battle with the Federal Government since 2002. Her application for permanent residency was rejected that year because the Government viewed her child as needing health or community services that would result in a "significant cost to the Australian community''.

After unsuccessful appeals and court hearings, the family has applied to Immigration Minister Chris Evans to intervene. But a spokesman for Senator Evans could not say when the decision on the family's residency would be made - even though The Sunday Times understands the mother has only weeks left. The woman did not wish to be named or interviewed, fearing retribution by the Government.

But one outraged supporter said: "This country recruited her to come here and work due to an acute shortage of midwives. She is one of the best nurses in the unit, she has contributed widely to the hospital and the general public.

"(She has) wasted thousands of dollars on court cases to try to overturn the Government's stupidity.''

Family support group Down Syndrome WA labelled the Government's stance "discriminatory and disgraceful'', calling on Senator Evans to grant the family residency. Group spokeswoman Jan Gothard said the Immigration Department should examine cases individually, rather than just assume those with Down syndrome would be a burden, when many led independent lives.

Dr Gothard said the WA case and another recently - where German doctor Bernhard Moeller was to leave the Victorian town of Horsham after the department classified his 13-year-old son, who has Down syndrome, a burden on taxpayers - were the "tip of the iceberg''. As well as those already in Australia, many potential skilled migrants were also being denied entry for the same reason.

"Nobody, whether they've got Down syndrome or not, can guarantee they're not going to be a cost to the system,'' Dr Gothard said. "Nobody can guarantee they're not going to get lung cancer, or liver disease, or need a heart transplant.

"Is there not a potential cost for somebody who smokes all their life? Is there not a potential cost for someone who's overweight?''

She said the Disability Discrimination Act protected people with disabilities living in Australia, but not during migration.

Opposition health spokesman Peter Dutton called on the Rudd Government to show "compassion'' and allow the WA family to have permanent residency.

"In this country we're desperate for good health professionals,'' he said. "It would be a tragedy to lose the skill and expertise that this person has brought to the local community.''

Senator Evans said he had not yet seen the family's case file and would assess their latest application for ministerial intervention on "the merits of their case''.

"The family's original application for permanency dates back to 2002 when the Howard Government was in charge of immigration,'' Senator Evans said. "The Rudd Government recognises and values the contribution that overseas health professionals make in Western Australia.

"My heart goes out to families in these situations.

"But the reality of our migration program is that there are many people applying to live in Australia permanently.

"We must consider the impact that people with serious medical conditions will have on our public health system in terms of cost and access to services by Australians.''

A department spokesman said a disability in itself was not grounds for failing the health requirement for residency.

"It is a question of the cost implications to the community,'' he said. It is estimated that by 2010 there will be a national shortage of 19,000 nurses and midwives.