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Severely ill 7 year old sponsor

The applicant was an Indonesian citizen who resided in Australia on a student visa. The applicant had made applied for an Interdependency visa but had been refused. Her sponsor was a severely disabled 7 year old Australian boy. The applicant lived with the sponsor’s family, and the family provided her with food, accommodation and travel expenses and in return the applicant provided the sponsor with 24 hour care. The case eventually went before the MIU.

In the submission to the MIU, we outlined the sponsor’s complete dependency on the applicant for physical care, involving amongst other things 38 administrations of medication per day.

We described how both the sponsor’s parents were extremely time-poor, thus making the applicant’s presence absolutely necessary. The sponsor’s father worked 12-hour days to pay for the considerable financial costs associated with the sponsor’s medical needs. The sponsor’s mother had to balance her time between the sponsor and the sponsor’s sister, and she was pregnant with a third child.

We argued that the applicant and sponsor had developed a close and loving relationship and the quality of care she provided the sponsor could not be replaced by conventional hospital care. We emphasised that the applicant was not merely a ‘carer’, but had in fact become an additional member of the family and her departure would cause great emotional hardship for the whole family.

Our arguments were accepted by the Minister and the applicant was allowed to remain in Australia.

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