Florence Allen and her autistic daughter Sheryil could be asked to leave Australia as early as October 3 after their failed visa application and their appeal for a ministerial intervention being subsequently declined by Assistant Immigration Minister Alex Hawke.
80-year-old Ms Allen and her 50-year-old daughter moved to Melbourne in 2012 where all her family including three daughters and a son are living with their families. Some of her family members have been in Australia since 1991.
Since Mrs Allen has no family left in India, her daughter Jackie Vanderholt applied for permanent residency for her aged mother and her sister so that the family could care for Sheryil.
However, the visa application was rejected due to the disability suffered by Ms Allen’s daughter.
Ms Vanderholt applied for a special ministerial intervention on compassionate grounds.
On 30 August, the family was informed that the Assistant Minister decided that it would not be in public interest to intervene.
The department said due to her disability, the health care and community services would result in a significant cost to Australia.
Ms Vanderholt says the family is happy to fund the living expenses, day centre fees and medical insurance for her mother and sister.
“All my brothers and myself, including our spouses, have substantial jobs and contribute to the Australian economy,” she says the family has started.
A spokesman for the Department of Immigration told the ABC Mrs Allen's case has been thoroughly assessed.
"The Assistant Minister only intervenes in a relatively small number of cases which present unique and exceptional circumstances," he said.
"People whose requests for intervention have been unsuccessful and who do not have other matters before the Department are expected to depart Australia."
You may also like to read
Family facing deportation for living in wrong suburb
Ms. Vanderholt says returning to India where her mother would have no support means her autistic sister will be required to be sent to a mental institution.
“This would cause her great trauma, despair and inconsolable grief as she has never lived a life without her family,” she says.
The family has now started an to take a compassionate view of the case.
“Please, please Hon. Mr. Dutton do not judge her [Sheryil] based on her disability. We will be forever grateful if you just consider her case a without the disability lens and give her permanent residency without access to disability benefits,” Ms Vanderholt says in her petition to the Immigration Minister.
“The failure to recognise unity and care of a family that has considered disability as a blessing is likely to result in serious irreversible harm and continuing hardship, not only to my Mum and my sister but also to our Australian family unit,” she says.
Nealry 31,000 people have signed the petition so far.
