When Luca was born in a Perth hospital two years ago, it flipped his parents’ world in ways they never expected.
With the joy came a shocking diagnosis: Luca had cystic fibrosis. Then Australia – Laura Currie and her husband Dante’s home for eight years – said they couldn’t stay permanently. Luca, his parents were told, could be a financial burden on the country.
“I think I cried for like a week – I just feel really, really sorry for Luca,” Ms Currie says. “He’s just a defenceless two-and-a-half-year-old and doesn’t deserve to be discriminated against in that way.”
Australia has form when it comes to its strict immigration policies. It had its own version of “stop the boats”, which sent people arriving by boat to offshore detention centres in Papua New Guinea and the Pacific Island of Nauru and made controversial headlines in recent years. It was only in the 1970s that it entirely rid itself of the “White Australia” policy that started in 1901 with the Immigration Restriction Act, which limited the number of non-white immigrants.
The disability and health discriminations, which also date back to 1901, are still in place, says Jan Gothard, an immigration lawyer: “We still treat people with disability in the same way as we did in 1901 and we think they’re not people who are welcome in Australia.”
She is part of Welcoming Disability, an umbrella group that’s been pressuring the government to overhaul the law. Surprisingly, Australia’s Migration Act is exempt from its own Disability Discrimination Act.
Put simply, it doesn’t matter how long you’ve lived in Australia, if you were born in Australia, if you have private health insurance or even if you can pay for the support yourself – if you are deemed too much of a financial burden, you will fail the health requirement.
The government says that 99% of visa applicants meet the health requirement – 1,779 of them did not meet the bar between 2021 and 2022, according to official figures.
Immigration minister Andrew Giles, who declined to be interviewed, recently said that “any child born in Australia and adversely affected by the migration health rules can apply for ministerial intervention”, and that he himself had “positively intervened” in cases.
But families say that the process is gruelling at an already difficult time.
The price to stay
“There’s so much in your life going on when a child is sick, so much struggle and you’re struggling and begging and asking for petitions, asking people to help you,” says Mehwish Qasim, who knows the challenge first-hand. She and her husband Qasim fought to stay in Australia in a case that drew global attention.
Their son Shaffan was born in 2014 with a rare genetic condition and a damaged spinal cord. He needs around-the-clock care. The couple, originally from Pakistan, intended to return eventually, but Shaffan’s birth changed everything. Now, getting on a plane would risk his life.
Finally, in 2022 they were told they could stay. For those eight years, Qasim, a trained accountant, was unable to work in his chosen profession. Instead, he found jobs in cafes, in supermarkets and taxi apps to make ends meet.
“They should realise that’s a very difficult situation – you shouldn’t put people in the limelight,” Ms Qasim says.
Ms Currie and her husband aren’t giving up either – Australia is home now for Luca and they are filling jobs that the country needs. They’re hoping that is enough to win them their appeal. If they lose, they will have 28 days to leave the country.
For Luca, the sticking point is a pricey drug, Trikafta. He is not on it and may not even be compatible with it. But it’s the basis of Australian estimates of his treatment – around A$1.8m That puts his medical costs over the permissible limit – A$86,000 over 10 years, also known as the Significant Cost Threshold.
While campaigners have welcomed the recent rise of the threshold – from A$51,000 to A$86,000 – they still don’t think it reflects average costs.
The government’s own data shows it spends at least $17,610 per year on the average citizen – the most recent figures from 2021-2022 showing $9,365 per head on health goods and services and a further A$8,245 per person on welfare costs. Over a 10-year period – the maximum period assessed for a visa – that would amount to more than A$170,000. So campaigners have questioned how the government comes up with the threshold, which is half of that amount.
They also want the cost of educational support to be removed from the calculations. This impacts families whose children have been diagnosed with conditions such as Down Syndrome, ADHD and autism.
