A British couple who have been living and paying taxes in Australia for years claim they are facing deportation because of an ‘outdated’ law.
Robert O’Leary and Jessica Mathers both hail from the United Kingdom but found each other while working in Sydney back in 2017 and fell in love.
Since then, they’ve built their lives together in Australia, throwing themselves into their careers, paying taxes and engaging in the city’s eastern suburbs community.
Ms Mathers received a shock diagnosis in 2020 when doctors informed her she had relapsing-remitting multiple sclerosis.
The chronic condition sees the immune system attack the central nervous system, disrupting the brain’s ability to communicate with the body.
Symptoms include numbness, vision issues, balance and coordination issues, and muscle weakness.
Ms Mathers’ variant – relapsing-remitting MS – can at times be more forgiving than progressive instances of the disease, but means the Brit suffers flare-ups of symptoms followed by periods of partial recovery from the condition.
She said the condition has been ‘well-managed’ so far.
Robert O’Leary and Jessica Mathers met and fell in love in Sydney, but now face deportation
However, when she and Mr O’Leary applied for permanent residency, migration officials cited her MS in their rejection.
The potential future cost of Ms Mathers’ condition to the Australian economy formed the basis of the refusal.
The couple said the ruling has caused them undue stress and left them with no way to plan their future together.
They understand the government’s stance, but believe the nuance of Ms Mathers’ condition deserves to be considered.
‘We both respect that healthcare costs need to be considered, but we strongly believe that our situation – Jessica’s stable condition and our contributions to the community should be taken into account,’ Mr O’Leary said.
‘We have worked hard and paid taxes since we arrived in Australia. We are committed to continuing our careers here, but the current immigration law doesn’t account for the value we bring to the country.’
Ms Mathers has been receiving her regular MS treatment under Australia and the United Kingdom’s Reciprocal Health Care Arrangement.
When the couple applied to become Australian residents the government refused on account of the cost of Ms Mathers’ MS diagnosis
It allows British residents to access some of Medicare’s subsidised healthcare services while visiting Australia.
The couple believe Ms Mathers’ condition is stable – so far it has not shown signs of progression in medical scans.
She has been able to continue working with the condition and has remained an active participant in the community, raising awareness for MS conducting fundraisers for MS Australia. She also DJs on weekends.
Ms Mathers was even nominated ‘Bondi Creative Woman of the Year’.
Her partner operates a construction business.
‘Rob’s carpentry-based skill set and expertise in the construction industry are in demand, yet our future here hangs in the balance due to Jessica’s health condition,’ the couple said.
But, their visa statuses have meant they cannot progress their lives any further and have been ‘living in limbo for years’.
Australian laws hinder the ex-pats’ dealings with banks and further employment prospects as they await a decision on their appeal, which is before the Administrative Appeals Tribunal.
‘We are not asking for special treatment, but for fairness. We love Australia,’ Ms Mathers said online
In a brutal blow, lawyers have informed the couple they have very little chance of winning their appeal unless Immigration Minister Tony Burke personally intervenes in their case.
The couple have since created a petition online calling for a review of immigration policies that affect people with well-managed health conditions.
The petition was launched online on Saturday and has attracted more than 1300 signatures.
‘We are not asking for special treatment, but for fairness. We love Australia, and we have worked hard to contribute to this country in meaningful ways. All we want is the chance to continue doing so,’ the couple wrote.
‘We are asking for the following: A review of the immigration policy that denies skilled migrants with well-managed health conditions the chance to stay in Australia.
‘The Minister’s intervention in our case, so we can continue to live, work, and contribute to Australia.
‘A fair, compassionate, and case-by-case assessment of immigration applications based on the contributions migrants have made to Australian society.
‘Our case is urgent, and we are running out of time. We need your support now to help us stay in the country we met in and call home.
‘Please stand with us and help us make Australia a place where fairness, equality, and contribution are valued above all else.’
