UN ups the pressure on Australia over migrant with disabled son

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Latest Update: Wednesday5/11/2008November, 2008, 11:27 PM Doha Time

UN ups the pressure on Australia over migrant with disabled son

SYDNEY: The UN yesterday threw its weight behind a German doctor

ordered out of Australia because of the cost to the taxpayer of

looking after his 13-year-old disabled son. Bernhard Moeller, who has

been on a temporary visa since arriving in 2005 to fill an

internationally advertised vacancy at the small hospital in rural

Horsham, was last week denied permanent residency because his son

Lukas has Down's syndrome, which " is likely to result in costs to the

Australian community that are significant. "

Sydney law professor Ron McCallum, who this week was appointed to the

UN Committee for the Convention on the Rights of Persons with

Disabilities, described the refusal as " outrageous " and demanded its

immediate reversal. " It's outrageous a family is denied immigration

because of a disability in their family, " McCallum told The

Australian newspaper. " We signed this convention to give disabled

people the same rights as the rest of the community. "

If Moeller's appeal is unsuccessful, he would have to leave Australia

in 2010. He said Lukas was aware of the visa difficulties and that

it was best for the family to leave well before the deadline. An

appeal could take six months to hear and that was too much

uncertainty, he said. Down's syndrome is a congenital chromosomal

abnormality that shows up in varying degrees of mental disability.

Others who have appealed in similar cases have had permanent

residency granted by the immigration minister.

Brumby, who as premier of the state of is Moeller's

employer, has promised Moeller to lobby on his behalf - as has Health

Minister Nicola Roxon.

Rex Langthorne, chairman of Special Olympics Australia, is also

pushing for a review, arguing that the law must be changed to remove

the ability of the government to discriminate against people with

disabilities in visa cases. " To deny the Moeller family permanent

residency due to their son having a disability is discrimination at

its worst and reminds us of the deep-seated attitudes that still

exist, " he said.

The Immigration Department has ruled that the potential cost of care

for Lukas would be several hundred thousand dollars over his

lifetime. Moeller has disputed the finding, saying the family stood

ready to pay extra costs. On average, 1,500 visa applications are

turned down because the department feels the health-care costs would

be too high.

In a celebrated case four years ago, an Indian family living in

Canberra was served notice to leave because of their son's autism.

It transpired that the 12-year-old was at the time featured in a

government calendar extolling the contribution to society of disabled

people. At the end of an appeals process, the immigration minister

intervened and awarded permanent residency. – DPA