UK couple facing deportation from Australia after woman's incurable diagnosis plead for intervention
Jessica Mathers and Rob O'Leary thought they were living the Australian dream – but in a case of bureaucracy gone mad, the English couple face being booted out of the country after she was diagnosed with an incurable disease.
Now they are appealing for immigration minister Tony Burke to green light their visa and allow them to stay in the country which has become their adopted home.
Their story is similar to so many others – they came from the UK in their 20s seeking sun, adventure, opportunity and everything that Australia has to offer.
They met at a backpackers hostel in 2017, fell in love and decided they wanted to make Australia their home.
In a cruel twist of fate, Jess was diagnosed with Relapsing-Remitting Multiple Sclerosis.
She receives regular treatment and her condition has remained stable, allowing her to work and contribute positively to the community via charity work.
Her treatment doesn't cost the Australian taxpayers – because it's covered under Australia's reciprocal healthcare agreement with the UK.
However, it's being used as a reason to block their application for permanent residency because she failed to meet the health requirements.
All visa applicants must meet health requirements, in part to ensure that Australian citizens and permanent residents can access healthcare which is in short supply and to control how much we spend on health services.
Now it's up to the immigration minister to make a decision on whether they will be allowed to remain in the country.
'Jess and Rob are perfect examples of what Australia needs – a young couple who have a lot of potential, already have contributed to Australia in so many ways over the last eight years,' their lawyer Marial Lewis from Crossover Law Group told NewsWire.
The couple – surrounded by a throng of friends and supporters – on Monday afternoon appeared before the Administrative Appeals Tribunal where sought to overturn the immigration department's decision to block their visa.
They were told by Senior Member Kira Raif that their only option was to request a new health test from a second practitioner.
However, the tribunal heard that would do little given Jessica's diagnosis.
The next step is to now ask Mr Burke to use his powers to personally intervene in their case.
Support for their cause is evident by the fact that over 22,000 people have now signed a petition calling for them to be allowed to stay.
If they are booted out of the country, Australia will lose two business owners who have dreams of expanding and providing secure jobs for hardworking Aussies.
Rob is a skilled labourer and carpenter and has his own company – O'Leary Cranes and Construction.
Ironically, he wanted to expand and bring on employees. But because of his visa status, he couldn't get a loan from banks to cover a few month's worth of wages.
'We've been here 10 years and I've got dreams, I've got goals over here, goals that are only going to benefit the economy, what I want to do with my business,' Rob said.
'The reason I haven't been able to act on some of my ideas is because I haven't been able to speak to banks … That's actually hindered the Australian economy potentially. We have a vision of what we want to do and that will only benefit the country we live in.'
While Jessica is a whirlwind of energy. She works at a law firm, occasionally moonlights as a nanny, is a part-time DJ and a tireless campaigner for charity.
This Friday she's hosting a DJ night and fundraiser for World MS Day at Noir at Darlinghurst.
The couple are currently on bridging visas which are due to expire in approximately a month.
They now hope the minister can use his powers to allow them to stay in Australia.
She says the case is all about her love for Australia, and her and Rob's desire to make it their home.
'If (Mr Burke) gives us a visa, we will continue to contribute positively to the economy and we can offer so much more than we do now,' she said.
'I'm restricted because of my bridging visa – but I still jump from temp job to temp job, I DJ every weekend, I do all the charity work I do.
'But if I had a permanent visa, it would open so many more doors for me. There are so many businesses I've gone to that need permanent residency to work.'
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