Jessica Mathers and Robert O’Leary met when they were both working in Sydney in 2017 and have spent years building a life for themselves in Australia but that now hangs in the balance
A British couple risk having their dream life abroad ripped away from them as they claim they are facing deportation for a horrendously cruel reason due to an “outdated” law.
Robert O’Leary and Jessica Mathers are originally from the UK, and have spent years living in Australia and paying taxes. The couple met in 2017 when they were both working in Syndey and soon fell in love. They worked to build their dream life together in Australia, dedicating themselves to their careers and becoming part of their suburban community. In 2020, Jessica was handed a shock diagnosis when doctors told her she had relapsing-remitting multiple sclerosis (MS) – a condition where the immune system attacks the central nervous system, in terrupting the brain’s ability to communicate with the body.
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The condition causes numbness, vision issues, balance and coordination issues along with muscle weakness. Relapsing-remitting MS, the variant Jessica has, can be more forgiving than progressive types of the disease but it means she suffers flare-ups which are then followed by periods of partial recovery.
So far, she says her condition has been “well-managed”, but, when the couple applied for permanent residency, they were denied for a cruel reason. Jessica and Robert say that when their application was rejected, migration officials cited her MS and the potential future cost of her condition to the Australian economy.
The couple says the ruling has caused them undue stress and left them struggling to plan their future together. They said they understand the government’s stance, but believe the nuance of Jessica’s condition should 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,” Robert 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.”
Jessica has been receiving her regular MS treatment under ASutralia and the UK’s Reciprocal Health Care Arrangement. It means British residents are able to acces ssome of medicare’s subsidised healthcare services while visiting Australia.
Jessica and Robert believe Jessica’s condition is stable, having shown no signs so far of progression in medical scans. She has been able to continue working with her condition and has remained an active part in the community, raising awareness for MS and putting on fundraisers for MS Australia as well as performing as a DJ at weekends. She was even nominated ‘Bondi Creative Woman of the Year’ while Robert runs a construction business.
“Rob’s carpentry-based skill set and expertise in the construction industry are in demand, yet out future here hangs in the balance due to Jessica’s health condition,” the couple said. But, their visa statuses have means they cannot move forward with their lives and have been “living in limbo for years”.
Australian laws hinder the ex-pats’ ability to deal with banks and further employment prospects while they wait for a decision on their appeal, which is currently in the hands of the Administrative Appeals Tribunal. But in a devastating blow, lawyers have told the couple they have very little chance of winning their appeal unless Immigration Minister Tony Burke personally intervenes in their case.
The couple have now launched an online petition, calling for a review of immigration policies that impact people with well-managed health conditions, within days of being launched their petition has gained more than 4,000 signatures. They wrote: “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. We are asking for the following: A review of the ommigration 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.”
They added: “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.”
The Mirror has contacted the Australian Department of Home Affairs for comment.
