Greens Senator Sarah Hanson-Young has called on Immigration Minister Chris Evans to exercise his ministerial discretion to grant the Moeller family permanent residency as soon as possible, but says broader reform is needed to avoid discrimination against other migrants.

Yesterday the Migration Review Tribunal upheld a decision by the Department of Immigration to refuse German doctor Bernhard Moeller and his family permanent residency, as Moeller’s son Lukas has Down syndrome.

“The Greens hope Minister Evans will exercise his discretion wisely and swiftly when considering the Moeller family’s case, and overturn this disappointing decision by the tribunal,” said Senator Hanson-Young.

“While it is encouraging to hear that the Minister has suggested that he may intervene in the Moeller case, it is important to note that this family’s situation is not an isolated one.”

Senator Hanson-Young said that legislative reform and changes to departmental processes were needed to avoid such discrimination continuing.

“An individualised assessment of the Moeller family’s situation, rather than a blanket rule being applied because of one family member’s intellectual disability, would have served the Moeller family and the community of Horsham much better,” she said.

“We are aware that there are other migrant families who have been denied permanent residency due to family members living with a disability, such as vision impairment, deafness or autism.

“It’s clear that the current laws and processes are allowing discrimination to occur against people with disabilities.

“As a recent signatory to the United Nations’ Convention on the Rights of Persons with Disabilities, Australia needs to lift its game.”

Media contact: Gemma Clark on 0427 604 760