Grandmother whose family lives in Australia set to be deported back to India despite health issues

A 98-year-old grandmother could be forced to leave her entire family behind as she faces being deported back to India after a 12-year battle for a visa.

Esmeralda Rosario came to Australia in 2007 and was put on an indefinite bridging visa in 2008 as the family fought to get her an Aged Parent visa.

But after 12 years of waiting the family was told the application was declined because caring for Ms Rosario would ‘result in significant cost to the Australian community’.

Ms Rosario’s granddaughter-in-law Samantha D’Silva started a Change.org petition ahead of her court hearing on Tuesday.

Esmeralda Rosario (pictured with her grandson and his wife Samantha) came to Australia in 2007 and was put on an indefinite bridging visa in 2008 as the family fought to get her an Aged Parent visa

After 12 years of waiting the family was told the application was declined as caring for Ms Rosario would 'result in significant cost to the Australian community'

After 12 years of waiting the family was told the application was declined as caring for Ms Rosario would ‘result in significant cost to the Australian community’

‘My family applied to keep her in the country indefinitely in 2012 because she had no one back home to take care of her,’ the petition reads.

‘Over the past 12 years, my Nan’s mind has deteriorated and is not the same person she was. Due to natural ageing over the last 12 years, she now suffers from anxiety.’

The family was told the Home Affairs department refused the Aged Parent Visa application after a compulsory medical examination in 2018.

They were first told the news in January 2019 but paid for a $500 review before they were formally told the visa was declined in November 2019. 

The family are now appealing the decision on Tuesday at the Administrative Appeals Tribunal.

‘She has been denied residence based on her age, and is now at risk of being deported back, where she will have to live the rest of her days without her loved ones by her side,’ Ms D’Silva wrote.

According to The Daily Telegraph, a Commonwealth medical officer found Ms Rosario had ‘severe functional impairment’ which would result in ‘significant cost to the Australian community’. 

Son-in-law Godwin D’Silva told the publication the family was shocked when the visa application was refused.

Ms Rosario's granddaughter-in-law Samantha D'Silva (pictured with her husband Jason) started a Change.org petition ahead of her court hearing on Tuesday

Ms Rosario’s granddaughter-in-law Samantha D’Silva (pictured with her husband Jason) started a Change.org petition ahead of her court hearing on Tuesday

‘The thought of her getting on a plane back to India for so many hours. There’s no way she could do it, and there is no one there to look after her in India. We might have to look at nuns in a convent,’ he said.

Ms Rosario is currently a recipient of the MyAgedCare government program, which provides $50,990 in annual funding and includes at-home care from a nurse three times a week for five hours.

Her daughter, Marie Rita D’Silva, said the family is just looking for some help while they all work.

‘Godwin works during the week and on weekends to provide for her. We do our best, we’ve worked from day one. I don’t see my mum living for much longer, I just want her to be comfortable and at peace in her last years,’ she said.

The family are now appealing the decision on Tuesday at the Administrative Appeals Tribunal where they will beg for Ms Rosario (pictured with her grandson Jason) to stay in Australia

The family are now appealing the decision on Tuesday at the Administrative Appeals Tribunal where they will beg for Ms Rosario (pictured with her grandson Jason) to stay in Australia

Ms Rosario (pictured with Ms D'Silva) is currently a recipient of the MyAgedCare government program, which provides $50,990 in annual funding and includes at-home care

Ms Rosario (pictured with Ms D’Silva) is currently a recipient of the MyAgedCare government program, which provides $50,990 in annual funding and includes at-home care

Despite receiving support from hundreds of people signing the petition, Immigration Solutions managing director and principal lawyer Anne O’Donoghue said there is little chance the decision will be changed on Tuesday.

‘These visas are known to take quite some time, and people’s circumstances do change. The best option the family has is to attend the hearing, acknowledge the waiver, explain the compassionate circumstances and ask the AAT Member to refer them for ministerial intervention,’ Ms O’Donoghue said.

She said the case may change if it is recommended to the minister by the tribunal.

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge said he understands why Ms Rosario is desperate not to be deported.

But if Tuesday’s appeal is once again unsuccessful, Ms Rosario will need to leave Australia within 28 days or the family will apply for ministerial intervention.

‘This week has been an emotional week for our family,’ Ms D’Silva wrote on Sunday.

‘We have been struggling to come to terms with the realisation that Nan may not be here with us in Australia for much longer, while enjoying the time we have left here with her.’

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