Family fights to bring autistic girl to Australia

[Deleted]

news.ninemsn.com.au/health/8534017/family-with-autistic-girl-denied-australia-visas

A British family with an 12-year-old autistic daughter is desperate to move to Australia after doctors and specialists said her condition would improve in the country.

Niamh Pebbles Scott, who is also deaf, has spent more than one year in Australia over eight separate holidays to visit her two brothers and grandmother, who live in Queensland.

On each trip, according to specialists and her family, Niamh's condition "hugely" improves due to the family support she receives and the outdoors-based lifestyle.

Her father Adrian Scott has tried over the past two years to get visas for the rest of the family to move to Australia, but both the initial application and an appeal have been denied solely because Niamh fails to meet the health requirement.

The visa denial is standard practice — because of Niamh's disability immigration authorities say it is likely that she will one day require community services.

What do you think about the Immigration Department's strict health regulations? Share your thoughts below.

Although Niamh’s condition is severe and is expected to be lifelong she currently only requires a small amount of daily medication.

Mr Scott claims he will keep any future medical costs "in the family" and says they have more than enough money and support to start a new life for themselves in Australia.

Niamh's grandmother Ann Styants has lived in Elimbah, near Caboolture, for close to 20 years and said she would do everything she could to help the family if they moved.

"[Niamh] sits and she cuddles and holds my hand ... I've got all the time in the world to help her," Mrs Styants said.

"My granddaughter adores me and I adore her. She's totally different with me."

The family's appeal to the Department of Immigration was backed by statements from both the Oxfordshire Learning Disability Centre and Niamh's GP, who said her condition improved significantly in Australia.

"The environment would benefit Niamh's development hugely as there would be much more social interaction for her and more support for her stressed parents," GP Dr Chloe Procter wrote.

"Refusal of entry to Australia to my mind seems to be discriminatory with regard to Niamh's intellectual disability.

"Her family are hard-working and upstanding citizens and I feel that appeal is fully justified."

Oxfordshire Learning Disability Centre specialist Bernie Gatt wrote that "following the numerous stays in Australia her development has been remarkable".

Dr Gatt said that currently Niamh only took a small amount of medication daily and did not require any other treatment, but he acknowledged that it was likely she would never be able to live independently.

"[She] will always need the practical and financial support of her family," he wrote.

The family believes Niamh shows improvement in Queensland because of the social connection she has with her family and also the environment and climate.

"Here there is a lot more space and freedom, whereas at home we live in little boxes,” Mr Scott said.

“Our rooms are small and she doesn’t like being confined, she gets very frustrated. She's got a lot more freedom over here. My mother-in-law has a pool and she loves swimming.”

Mr Scott, who has set up an online petition, said now that his appeal had been denied his only chance was ministerial intervention.

In June a London police officer secured a job with South Australian police and was planning to move his family when he was refused a visa because his daughter had autism.

Immigration Minister Chris Bowen overturned the decision after the case made headlines, sparking debate over whether visa rules are too strict when it comes to disabilities.

A Department of Immigration spokesman would not comment specifically on the case of Niamh but said the health requirement regulations were very clear.

In the 2009-10 financial year, 927 permanent or provisional visa applicants were denied entry to Australia because they failed to meet health requirements.

[Kattey]

Okay, I admit to being ignorant on all things immigration related, but if the entire family were to make a permanent move there, then wouldn't they eventually become citizens, and thus pay taxes and whatnot?

So if they pay their taxes, then what would the problem be if they did need community services?

[marynjoe]

I know their immigrations policies are very tight, so I can see this happening. Is there a way that the family can sign something stating that in no way will they ever take get any kind of community services, and that if they try to access them, they will be turned down? I know that's not ideal, but since the family says that won't ever happen, it might be one way to do it.

[knitty]

Sept 17, 2012 13:18:26 GMT -5 Kattey said:

Okay, I admit to being ignorant on all things immigration related, but if the entire family were to make a permanent move there, then wouldn't they eventually become citizens, and thus pay taxes and whatnot?

So if they pay their taxes, then what would the problem be if they did need community services?

Ugh, my reply was just eaten. In short, it would be nice to open the doors and give every child in the world a place in a group home with 24 hour care for the next 60 years. The taxes of a couple of people in no way would cover it, and in any case one parent would probably get a carer's pension.

For the same reason you need an individual mandate in your health care reforms, you need border control to keep the ratio of sick to well balanced. Otherwise everyone with a need for expensive drugs is going to come and use our system.

These cases are ofted overturned by the Minister when it seems the child is not that disabled, but someone who'll never live independently?

[ttt]

Sept 17, 2012 13:39:06 GMT -5 marynjoe said:

I know their immigrations policies are very tight, so I can see this happening. Is there a way that the family can sign something stating that in no way will they ever take get any kind of community services, and that if they try to access them, they will be turned down? I know that's not ideal, but since the family says that won't ever happen, it might be one way to do it.

I could be wrong, but isn't this how the US does it, sort of? If you get a visa, you have to have a sponsor who agrees to cover the cost should you end up needing public services. And I think you can't get certain services for your first 10 years as a legal resident ( I know you can't get Medicare unless you or your spouse has worked in this country for at least 10 years).

[knitty]

here's a recent case- they were allowed in because the daughter can live independently

Sept 17, 2012 13:39:06 GMT -5 marynjoe said:

I know their immigrations policies are very tight, so I can see this happening. Is there a way that the family can sign something stating that in no way will they ever take get any kind of community services, and that if they try to access them, they will be turned down? I know that's not ideal, but since the family says that won't ever happen, it might be one way to do it.

That would be highly unethical, and probably illegal. Can you imagine her as a 50 year old being homeless because her parents took her from a country where she was guaanteed care and signed something to say she'd never be allowed in a group home?