British couple Rob O’Leary and Jessica Mathers, who fell in love and settled in Sydney seven years ago, are at risk of deportation due to Mathers’ diagnosis of multiple sclerosis (MS). After her visa expires next Tuesday, their future in Australia hangs in the balance. Mathers, a marketing project manager and DJ, was diagnosed with MS in late 2020, leading to a rejection of their application for permanent residency based on her condition being considered a financial burden.
The Department of Home Affairs deemed that Mathers would exceed the “significant cost threshold” for healthcare expenses, which necessitates deportation if costs surpass AUD 86,000 over ten years. The couple’s appeal to the Administrative Appeals Tribunal (AAT) this year did not overturn this decision, although a tribunal member acknowledged the case’s merits and referred it to Immigration Minister Tony Burke for further consideration.
O’Leary, who runs a successful construction business, and Mathers are optimistic yet apprehensive as they await the minister’s decision. They fear that any new bridging visa might impose stricter conditions, such as restrictions on international travel. For years, the couple has coped with the limitations of living on a bridging visa, resulting in Mathers struggling to secure stable employment despite her skills and qualifications.
Mathers has managed her MS well, recently undergoing an MRI showing stable health. They are both prepared to privately cover her healthcare costs, yet this option has been denied within the parameters of their visa application. Mathers has expressed frustration over the rigid immigration policies, which she feels unfairly overlook their unique circumstances, including the substantial taxes they have paid during their time in Australia.
A recent review by the Department of Home Affairs highlighted concerns about the significant cost threshold, as it reportedly prevented many individuals with manageable health conditions from obtaining permanent residency. The report found that nearly 2,300 visa applications exceeded this threshold in 2022-2023, amounting to an estimated healthcare cost of AUD 1.06 billion. This longstanding policy, according to the report, has not kept pace with medical advances and unjustly impacts those with stable health conditions.
Mathers and O’Leary hope that Minister Burke will reconsider their situation as they aspire to build their life in Australia. They believe they deserve a fair chance to establish their future together. A spokesperson for Home Affairs stated that they cannot comment on specific cases but reiterated that all non-citizens must meet the Criteria of the Migration Act and Regulations.