Will Immigration minister, Peter Dutton show some heart? The Townsville boy whose mother’s visa was refused because both the delegate and the MRT considered that he would be a ‘burden on the system” has sent a letter to the minister together with a 4000 page petition with over 122,000 signatures pleading that he and his mother who have lived here for over 8 years are not deported because he suffers from autism.

Maria Sevilla is a nurse who works at the Townsville Hospital where she looks after stroke victims. Her son Tyrone suffers from autism, a developmental condition that affects, among other things, the way an individual relates to his or her environment and their interaction with other people. An estimated one in 100 people have autism; that’s almost 230,000 Australians according to Autism Spectrum Australia (ASPECT) the leading service provider for autism here.

Maria and Tyrone’s visa application was rejected by the DIBP whose decision was subsequently affirmed by the MRT. Both held that Tyrone would be a ‘burden on the system’. Apparently, neither properly gave regard to the individual circumstances of the applicants or how they could mitigate against the cost to Australian society with their personal contributions monetary or otherwise. There is no scope in the legislation for this:

“I consider that a hypothetical person with this disease or condition, at the same severity as the applicant, would be likely to require health care or community services during the period specified above" the MRTs judgement noted.

Queensland Disabilities Minister Coralee O'Rourke called DIBPs decision a "cold, heartless decision" and asked for it to be reversed.

After widespread media coverage and public dismay at the decision, Mr Dutton - who has discretionary powers to reverse the decision and grant the visa said today, “We need to apply some common sense.”

"We're a compassionate society and we want to help families in difficult situations" said Mr Dutton, in an ABC report today. "There's a bridging visa that's put in place until I can consider the application and then, as I say, hopefully we get a common sense outcome," he said adding, “We can hopefully provide the support that a compassionate society like ours would want to provide to this family.”

One of the key purposes of the Minister’s discretionary powers is to allow for compelling, compassionate or humanitarian considerations particularly in relation to applicants who cannot meet the strictness of a particular visa criteria but whose personal circumstances warranted such considerations and the grant of the visa.

It is there to balance out inflexible legislation or the application of legislation by the inflexible mindset of case officers or even the tribunal. However, under the current system applicants have to go through the whole process knowing there is no prospect of success before they can invoke the ministers power albeit leveraging on all the publicity and public support they can harness.

Things seem to now be looking up for Tyrone and his mother although they will still have to wait several more weeks for Mr Dutton to apply some ‘common sense’.

Picture copyright: Maria Sevilla