Couple Face Deportation From Australia Over MS

A British couple who face being deported from Australia after one of them was diagnosed with multiple sclerosis (MS) have said it is not fair the life they built could be taken away “any minute”.

Jessica Mathers was told the potential cost to health services of treating her condition meant her 2023 application for permanent residency alongside boyfriend Rob O’Leary was rejected.

The 30-year-old, a project manager and DJ from Macclesfield who has lived in Sydney since 2017, said the couple had been “living in a state of uncertainty” for years as they waited for an outcome of an appeal against the decision.

The Australian Department of Home Affairs said it cannot comment on individual cases.

Ms Mathers and Mr O’Leary, 31, from East London, met while backpacking in the country in 2017 and have lived there ever since.

He started a business in the carpentry and construction trade three years ago, and said the couple had “made the most of our lives here”.

But Ms Mathers’s diagnosis of the relapsing-remitting variant of MS in 2020 has led to a visa battle with authorities that could see the pair thrown out of the country.

Symptoms are typically mild for this form of MS, according to the NHS, but about half of cases can develop into a more progressive form of the disease.

She has received treatment in Australia under a reciprocal health agreement with the UK and said her condition had been “well managed” so far.

But the couple’s requests for permanent residency were rejected in 2023 due to the costs associated with her medical care.

Non-citizens entering Australia must meet certain health requirements, including not having “unduly increasing costs” for the country’s publicly-funded healthcare service Medicare.

The couple lodged an appeal with the Administrative Appeals Tribunal after the visa rejection in 2023, and have been waiting for the past two years for an outcome.

Mr O’Leary said they had offered to pay the medical costs themselves or take out private insurance, “but the law is black and white, and the refusal is based on that, it’s really hard for us”.

They have started an online petition to call for Australia’s Minister for Home Affairs to review their case and look into immigration policies that “unfairly target individuals with well-managed health conditions”.

Mr O’Leary said the couple were “not asking for special treatment” but a chance to continue “working hard to contribute to this country in meaningful ways”.

He said: “We’ve always paid tax, we’ve always worked, Jess has done heaps of charity work.”

Ms Mathers said the couple had been “stuck not knowing what to do” as they waited for the outcome of their appeal, which had made it difficult for her to find anything other than temporary work.

She said: “It’s held up our whole life, it’s really upsetting.

“We know that we could get a refusal from the tribunal and then get given 28 days to leave the country, at any minute.

“We’ve got so much opportunity in Australia, and to walk away from it would be so sad.”