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  1. #1
    Senior Member JohnDoe2's Avatar
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    South African couple facing deportation

    South African couple facing deportation

    Adam Carey
    December 5, 2011.

    A SOUTH African couple aged in their 80s and in poor health face being deported from Australia next month after one of them failed a medical test.

    The Migration Review Tribunal this week rejected the appeals of Ernest Konschel, 84, and his wife Daphne Konschel, 83, against the Department of Immigration's refusal to grant them aged parent residency visas.

    The couple have been living in Australia since 2006 on bridging visas, which will expire within 28 days. They then will be deported to their native South Africa, unless the Minister for Immigration, Chris Bowen, intervenes and overturns the tribunal's decision.

    The Konschels live in Melbourne with their daughter, Beverley Loyson, and her husband, Paul, and are dependent on their care. They entered Australia on holiday visas in September 2006 and three months later applied for aged parent visas in an attempt to gain permanent residency.

    The Konschels' visa applications were rejected last year on the basis of public interest after Mr Konschel failed a second medical test. He had passed the same test in 2007.

    The couple appealed on compassionate grounds, arguing that because their two children live in Australia and they have no other close family, they would have no carers in South Africa.

    Mrs Konschel said she was stabbed and robbed by a home intruder in 2004 and had a heart attack two months later. The violent mugging was instrumental in their decision to seek to emigrate to Australia.

    In rejecting the appeal, the tribunal wrote that it was likely the expense of caring for Mr Konschel, who has been diagnosed with mild dementia, ''would be a significant cost to the Australian community''.

    ''This man requires assistance with most daily living skills, occasionally requiring assistance with personal care,'' a tribunal officer wrote.

    The officer said the tribunal had ''no discretion to waive the requirement'' that any aged parent visa applicant who fails a government medical test be refused residency.

    But Mrs Loyson said her family was willing and able to pay for whatever support her parents needed.

    ''Where we've paid out money for their care, we've said that we're prepared to carry on paying this money,'' Mrs Loyson said. ''We've provided bank statements of my brother's, of my husband's, we've done everything we possibly can.''

    Mrs Konschel said the couple have one remaining relative in South Africa, her cousin who is also aged in her 80s. Their only other connections are ''just acquaintances, the same age as we are, and I would never ever dream of going and plonking myself in their midst'', she said.

    The Konschels have until January 3 to apply for a second medical opinion, but said they do not believe Mr Konschel would pass any medical tests. He can only walk a few metres with the assistance of a frame, has limited ability to use his hands, and has dangerously high blood pressure. Even so, his attitude to life is upbeat.

    ''I try to preserve my sense of humour as much as I can. I feel that you lose your sense of humour, you've lost everything,'' he said.

    The Migration Review Tribunal would not comment.

    http://www.theage.com.au/national/south ... z1faSsBHY0
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  2. #2
    Super Moderator Newmexican's Avatar
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    The genocide in South Africa is sickening and I would think that Australia would allow them refugee status. Pity.
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