this would not happen in the US. Guess we aren't so bad!

[Anonymous]

Australia: No residency for boy with Down syndrome
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By TANALEE SMITH, Associated Press Writer – Fri Oct 31, 4:12 am ET
SYDNEY, Australia – A German doctor hoping to gain permanent residency in Australia said Friday he will fight a decision by the immigration department to deny his application because his son has Down syndrome.
Bernhard Moeller, a specialist physician, came to Australia with his family two years ago to help fill a doctor shortage in a rural area of Victoria state.
His temporary work visa is valid until 2010, but his application for permanent residency was rejected this week. The immigration department said Moeller's 13-year-old son, Lukas, "did not meet the health requirement."
"A medical officer of the Commonwealth assessed that his son's existing medical condition was likely to result in a significant and ongoing cost to the Australian community," a departmental spokesman said in a statement issued Thursday by the Department of Immigration and Citizenship.
"This is not discrimination. A disability in itself is not grounds for failing the health requirement — it is a question of the cost implications to the community," the statement said.
Moeller said he would appeal the decision.
"We like to live here, we have settled in well, we are welcomed by the community here and we don't want to give up just because the federal government doesn't welcome my son," he told reporters.
Moeller has powerful supporters. Victorian Premier John Brumby has pledged to support the family's appeal, and federal Health Minister Nicola Roxon said Friday she would speak to the immigration minister about the case.
Roxon said the case must go through proper channels — an appeal to the Migration Review Tribunal and then the immigration minister — but that "there is a valid reason for this doctor and his family to be eligible to stay here in Australia."
"As a government, we understand the importance of having doctors working in our rural and regional communities and we support them in many ways and continue to do this," Roxon said.
Don McRae, director of clinical services at Wimmera Health Care Group, said the hospital had invested a lot of time and energy in recruiting the German specialist and were very happy when he and his family arrived in Horsham, in central-western Victoria about 100 miles northwest of the state capital, Melbourne.
"We were very surprised by the decision," he said of the immigration department's rejection. "It's distressing for Dr. Moeller's family and distressing for the community who have welcomed him and relied on his medical services."
Immigration Minister Chris Evans has no power to intervene in the case until the review tribunal or a court upholds the department's decision.
The immigration department said it appreciates Moeller's contribution to the community but said it must follow the relevant laws in considering residency applications.
"If we did not have a health requirement, the costs to the community and health system would not be sustainable," the statement said.
More than 150,000 migrants settled in Australia in 2007-08, the department said.
Shortages of medical practitioners in rural parts of Australia have led a number of recent government initiatives to boost the numbers of doctors and nurses nationwide.
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[Anonymous]

Sadly, similar things would, do, and have happened. There are many good law review articles on the sad interrelation of disability and immigration. It is generally case-by-case, but the government is skittish about giving residency to people who might require extra services.

After years, Congress finally lifted the HIV travel and immigration ban, but the WH has yet to fix the HHS regs to that effect. ANd before I get flamed for comparing "innocent" people with genetic disorders to HIV+ people, please remember that (a) this is a total travel ban; and (b) many people become HIV+ through breastfeeding as babies.

Have a look at U.S. immigration law and see whether you think it's less punitive.

[Anonymous]

Australia has always been very... vigilant about whom they allow into their country. You are right, it wouldn't happen here, and I wouldn't want it to happen here, but I don't think the family applying for permanent residency has a "right" to it either. Australia has its policies, and we may not agree with them, but as long as they are consistently applied, I can't argue with them. I don't like it, but I am not an Australian.

[Anonymous]

I am Australian, and while that case saddens me, there are many injustices in the US that also sadden me. In Australia, I didn't see homeless people on the streets and healthcare was a given. Sadly, immigration policies and treatment of Aboriginal Australians are an embarrassment.

I would be surprised if this decision wasn't over-turned. Australia has some tough (and bad) policies, but most people are generally quick to jump on injustice.

[Anonymous]

See, the situation would be very very different here in the US.

We'd let this doctor and his family in, alright, as a legal resident. But none of our health insurance companies would sell the doctor a plan, because he has a son with an expensive pre-existing condition.

Now, if he were lucky, he might live in a state that had some kind of insurance for working people who can't afford traditional insurance, but it would be unfortunately drastically underfunded, extremely expensive premiums, co-pays and deductibles, AND it woulnd't be available to non-citizens. Some states have health insurance specifically for children, but even if they were open to non-citizens (I don't think most are) the coverage very likely would exclude this child's pre-existing conditions.

The child would legally qualify for free services for special needs children at the local public middle school -- but the school would be woefully understaffed, underfunded, and using an instructional model that is designed to serve the most children using the fewest resources. Nevertheless the child would be required to be tested on state tests each year, and his scores would count towards the "NCLB" ratings that each school must meet. The child would be frequntly absent due to his preexisting medical needs, the school would probably be upset, because each child's absense also counts agains their NCLB attendance goals (even excused absences count.) The family would try to find a private program for their son where he might actully be able to make some academic gains, only to find the good ones extremely expensive and also already filled to capacity.

So yes, OP, you can say the United States is "better" than Australia in not prohibiting a child with Down Syndrome from residing in our country, but you have to admit, the chief reason we don't discriminate against him is that honestly, we do not consider it our societal duty to provide proper care for him. As a society, we clearly are saying the family is welcome to come in, but they better bring in their own financial resources for him, from cradle to grave.

[Anonymous]

Great post, 11:58!

[Anonymous]

Anonymous wrote:Great post, 11:58!

Agreed, great post. Also, the US does have a "health" requirement for permanent residence. When I went through the process in the early 80s, I had to do a medical exam. I remember showing up a Kennedy Airport with the huge chest X-ray. I got in so I guess I did not have what they were looking for.

[Anonymous]

Yes, it would. Are you an immigrant or were you born here? I went through this process 4 years ago, and that included a "health" exam with blood tests and all...

[Anonymous]

The chest x-ray was probably to check for active tuberculosis.