<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Seven years ago, British couple Rob O'Leary and Jessica Mathers met and fell in love in </span><a href="https://www.9news.com.au/sydney" rel="" target="" title="Sydney"><span>Sydney</span></a><span>. They have made the city their home ever since.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>However, the couple are facing potential deportation in just a week, when Mathers' current bridging visa expires next Tuesday.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Mathers, a marketing project manager and DJ, has been deemed an economic burden to Australia after she was diagnosed with multiple sclerosis (MS) at the end of 2020.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/travelling-to-usa-from-australia-what-do-i-need/3f82fa64-c5de-488a-9775-030866fb9660"><strong><span>What rights do Australians have when travelling to the US?</span></strong></a><span></span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Her joint application for permanent residency alongside O'Leary, who owns and runs a successful construction business, was rejected in 2022 because of her condition.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>In its ruling, the Department of Home Affairs said Mathers exceeded the "significant cost threshold", which calculates the cost of care for an individual over 10 years and triggers deportation if it exceeds $86,000.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The British couple took their fight to the Administrative Appeals Tribunal (AAT) in 2023 and waited years for a decision, which finally came last month.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/british-couple-facing-deportation-over-ms-diagnosis-make-lastditch-appeal-to-minister/59e7746d-78af-481a-ad94-ee3a83922750" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>At the tribunal, the couple sought to challenge the use of the significant cost threshold to reject their application - a figure they say is arbitrary, especially given that Mathers' medical treatment is covered under the Reciprocal Health Care Agreement between Australia and the UK. </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Their appeal was ultimately unsuccessful; however, the tribunal member assessing their case determined there was merit in referring it to Home Affairs and Immigration Minister Tony Burke.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>As immigration minister, Burke has the power to personally intervene and grant the couple permanent residency.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>O'Leary and Mathers are hopeful they will be granted another bridging visa while they await the minister's decision on their case.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>However, O'Leary said any new bridging visa would likely come with even more stringent conditions than their current one, including not being able to leave the country for any reason without forfeiting their right to return.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>As it was, living on a bridging visa for years had been incredibly difficult, Mathers said, because it meant her ability to find work had been severely restricted.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I've got people I've worked for before who really want me back in the office, but it's the bridging visa that is the problem," she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I've been doing temp jobs and whatever I can get, for years, but now I'm not even getting temp jobs, so I can't really do anything."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Mathers said her condition was well managed.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I've had an MRI last month, I've got no progression, I just need to stick to what I'm doing and keep looking after myself," she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The couple said they were also willing to pay for Mather's medical expenses themselves, however, they have been told that is not an option.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Mathers said it was unfair that the immigration policy was so "black and white" and did not take into account their individual circumstances, including her partner's thriving business.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"If you look on paper at how much Rob and I have paid in tax over the years of being here, it is way above my health cost," Mathers said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"Also, Rob has 95 (immigration) points or something like that. So, they want him, but they don't want him if he has got someone sick with him, it just seems quite harsh."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Mathers said she and her partner should have been granted permanent residency before her diagnosis, having both spent years on sponsored visas, but legislation changes, occupation list updates and employer insolvencies had all contributed to setbacks.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Furthermore, while health waivers were accepted for some permanent visa options, they were inexplicably not an option for the visa O'Leary had applied for, she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Last year, the Department of Home Affairs conducted </span><a href="https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/report-review-migration-health-requirement-australias-visa-sct" rel="" target="" title="a review"><span>a review</span></a><span> of its use of the significant cost threshold to determine visa applications, after a push from the Greens, who have called the policy "discriminatory".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The report found almost 2300 visa applicants exceeded the significant cost threshold in 2022-2023.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The total estimated costs of the health services hypothetically required by those visa applicants was $1.06 billion. </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>However, the 30-year-old policy was not in tune with medical advancements and prevented some people living with stable and managed health conditions, such as HIV, Crohn's Disease and skin disorders like psoriasis, from being granted a permanent visa, the report found.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The review also found the migration health waiver could be applied more equitably across permanent visa subclasses, and that children with health conditions could be given special consideration.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Mathers and O'Leary said they desperately hoped the minister would review their case.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"We want the opportunity," O'Leary said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"We've got dreams here, we've got a future, and we just want a fair go to be able to make it happen. That's it." </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A </span><a href="https://www.change.org/p/please-do-not-deport-me-and-my-partner-because-she-was-diagnosed-with-a-health-condition" rel="" target="" title="Charge.org petition"><span>Charge.org petition</span></a><span> started by the couple has so far attracted almost 23,500 signatures. </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A Home Affairs spokesperson told 9news.com.au the department could not comment on individual cases.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"All non-citizens who wish to enter or remain in Australia must satisfy the requirements of the </span><em><span>Migration Act 1958</span></em><span> (the Act) and </span><em><span>Migration Regulations 1994</span></em><span>, including identity, health, security and character requirements," the spokesperson said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><em><strong><span>Do you have a story? Contact reporter Emily McPherson at</span></strong></em><span> </span><a href="mailto:emcpherson@nine.com.au" target="" title="emcpherson@nine.com.au"><strong><em><span>emcpherson@nine.com.au</span></em></strong></a></div></div>