Tom Owen was overwhelmed by this week's news that a Perth family with a child who has Down syndrome was granted a permanent visa to stay in Australia.
The 39-year-old carpenter, who also lives in Perth, has worked in Australia on and off for nine years and is currently facing his own battle to stay in the country after his employer-sponsored visa application is under review because his six-year-old son Jakob has Down syndrome.
"There's hope ... it's a glimpse of light in this dark tunnel," he said.
Mr Owen is from the UK and his wife, Rosa Schulze-Osthoff, is from Germany. Despite Mr Owen being considered a skilled worker, the government is able to reject visas if an applicant has a health issue or disability deemed too costly to Australian taxpayers.
On Wednesday, it was revealed who were facing deportation within weeks because one of their children has Down syndrome.
The threshold for permanent residency is currently set at $51,000 over 10 years.
Mr Giles intervened in their case and they were allowed to stay.
"If it means going to the minister then that's it," Mr Owen said in response.
Tom Owen with his son Jakob. Source: Supplied
Their son was born in Germany as they wanted to return to Ms Schulze-Osthoff's home country for the delivery. The couple had no indication Jakob had Down syndrome leading up to the birth.
But Mr Owen said when he rang the Department after Jakob's birth, he was advised not to bother continuing to progress his visa application because of his son's diagnosis. He said he was told the family should instead apply for a refund, which ultimately was not granted.
Mr Owen was later successful in getting a four-year sponsored 457 visa in 2019 after a health waiver for Jakob was granted which assessed the expected costs of his care only over the four-year period.
But more than three years later, when Mr Owen applied for the 482 temporary skills shortage visa (which replaced the old 457 visa) because his previous sponsorship fell through, the news was not positive.
Tom Owen with his daughter Lily and son Jakob. Source: Supplied
"I feel defeated," Mr Owen said.
"Australia is where we want to be but it's throwing up walls all over the place. None of it's been easy."
Mr Owen said the family has spent around $30,000 on visa applications and described the latest situation as "a joke".
"The word goes around that Down syndrome kids should be accepted but then you've got rules like this in place that totally discriminate.
"How is Jake supposed to be accepted when there's all these rules that say he's not eligible to come to this country?"
Mr Owen believes any expenses for their son would be covered by taxes paid by him and his wife, who has several jobs including working as a hair and makeup artist.
"I'm a carpenter, I work full time, always have. My wife is working part-time ... we are hardworking people," he said.
Mr Owen also noted a requirement of his visa is to have private health insurance and he pays for the top level of cover.
Down syndrome kids should be accepted, but then you've got rules like this in place that totally discriminate.- Tom Owen, Father
People With Disability Australia treasurer Suresh Rajan is representing Aneesh Kollikkara and Krishna Aneesh, the family who had their visa approved this week. Prior to the minister's announcement, he said the treatment of the families had been "extraordinary".
"It's clearly in breach of the United Nations Convention on the Rights of People with Disabilities."
"We talk about the fact that we are signatories to that convention.
"What then intrigues me is that while we're breaching these human rights, we have ministers out there criticising Iran, China, for their abuses of human rights.
"It is completely and utterly hypocritical."
Krishnadevi Aneesh and Aneesh Kollikkara, pictured with their two children, had their visa refusal overturned this week.
And the issue extends beyond children with Down syndrome, he said.
"What we're also seeing in recent years is a hell of a lot more children with autism [being rejected].
"We reject on every ground of cost to the taxpayer."
Mr Rajan said the assessment of costs to the taxpayer should be reviewed.
"If the family is not accessing any ... services, then they should not be attributed the cost."
He had also estimated Aneesh and Krishna would pay more tax in 10 years than the amount the Department of Home Affairs had calculated it would cost for their son's medical and schooling expenses.
Assessments by the Department of Home Affairs also do not include a direct examination of the child, Mr Rajan added, so it is not possible to make a thorough assessment of their abilities.
Labor last week confirmed it had engaged an expert to review the threshold for permanent residency applications. SBS News understands the expert is a health economist who currently works with the department.
Mr Rajan said immigration restrictions based on health conditions had been made part of the Migration Act in 1901 and later amended in 1958. Its original purpose was to keep certain contagious diseases such as tuberculosis out of Australia but over time references to prescribed conditions had been removed.
Mr Owen said he is waiting to hear back from the department about further information it says it requires. He still hopes to be able to remain in Australia with his family.
"I live in Fremantle, it's gorgeous, the people there are fantastic, such a beautiful community," he said.
"I belong here."
The family hope to remain in Australia permanently. Source: Supplied / Tom Owen
Mr Owen described his son Jakob as an "absolute showman" who was obsessed with music and swimming.
"He loves putting on music, and he'll dance and act around," he said.
"As he's growing older now, you can see real potential in his ability, Jake's very much more on the able side, he's very active, although his speech isn't there yet.
"I really think Jakob will definitely be doing something [when he's older]."
Mr Rajan said about 25 per cent of the Australian population had a disability.
"It is a normal incident of life," he said. "Once we get our mind around that, then we should not be saying that this is an abnormal cost because it applies to 25 per cent of our population.
"Disability rights are human rights, it's as simple as that."
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