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This Perth family was facing deportation due to their son's Down syndrome. Now, they're allowed to stay.

The Perth family who were facing deportation due to their son's Down Syndrome has been given an eleventh-hour reprieve, just days before their bridging visa was set to expire on March 15.

"I literally burst into tears, I was really happy," Krishna Kollikkara told 9News after she, her husband Aneesh Kollikkara, and their two young children were granted permanent residency following personal intervention from Federal Immigration Minister Andrew Giles. 

"We can stay here, we can live in this community and we can provide a good environment for our kids."

According to the publication, the Kollikkara family received a letter from the Department of Immigration explaining the minister had "personally considered" their case and decided to act out of "public interest".

There's been a major development in the heartbreaking case of a Perth family facing deportation. @_KelHaywood #9News pic.twitter.com/UyQUb2ZpGg

— 9News Perth (@9NewsPerth) March 8, 2023

Watch the family share their story. Post continues below.


Video via The Project.

Krishna and Aneesh's children, 10-year-old son Aaryan and eight-year-old daughter Aaryasree, love nothing more than going to school, spending time with their friends and family and riding their bikes.

They're originally from India, but for six years, they've called Perth home. They originally came to Australia with Krishna's student visa for her Masters in Cybersecurity, then followed on with skilled work visas - Aneesh a telecommunications technician, and Krishna then a cybersecurity expert.

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With their two kids, they have built a life for themselves in Perth. But despite building strong community roots and working in critical industries, the family was originally denied permanent residency visas and were told they would be deported.

Krishna and Aneesh, who were facing the prospect of travelling back to India on March 15, said it was entirely attributed to the fact that Aaryan has a mild intellectual disability and has been diagnosed with Down syndrome.

The "Australian Government deems Aaryan a 'burden' to the taxpayer, which is sickening and ableist", the family said.

"Even though Aaryan currently accesses no services, and is unlikely ever to do so, he's been assessed as 'high cost' which seems unfair. By working in critical industries and paying significant amounts of tax, any taxpayer-funded services that Aaryan may require would be well and truly covered by our contributions," they said as per their petition, which amassed more than 28,000 signatures.

"It is not fair that our family is being punished simply because of Aaryan's condition."

The fight for residency. 

Before the eleventh-hour decision, Krishna had told ABC Perth Radio that her family would struggle if they had to go back to India. They have no family or support network there, she said, and they feared for Aaryan's future.

"The quality of medical care Aaryan will receive, the stigma he will face, and the opportunities he will miss out on worry us," the parents explained.

"The culture, society, everything here is very different from India and also it will be very hard for Aaryan to survive there because of this [disability]. Even though he has Down syndrome, he is really healthy... he has the same physical capabilities like any other child."

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Last week, a spokesperson for Minister Giles said he was unable to comment on individual cases due to privacy reasons. 

"As a compassionate country, where half of us are born overseas or have parents born overseas, we need to consider how we work through these matters to consider residency for children with a disability," the statement read.

"This is a matter that we have given consideration to since coming to Government, to ensure that our visa system is in line with community expectations. Due to privacy, it would be inappropriate for me to comment on individual cases."

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Speaking to Mamamia earlier this week, Suresh Rajan, who organised the petition on behalf of the family, said it wa "shattering" for the family to have to fight to stay in Australia. 

Rajan, the former CEO of Epilepsy WA, former President of Ethnic Communities Council of WA and currently a Board Member of People with Disability Australia, said they had been rallying together as much support as possible to ensure their story iwas heard. 

In a previous statement to Mamamia, Krishna and Aneesh said they were pleading with the Immigration Minister to allow them to stay.

"Both of us are involved in industries considered critical for the future of our economy. We work in Cyber Security and Telecommunications. Aaryan knows life only in Australia. His and his sister's formative years have been in this country. This is their country," they said.

"Aaryan accesses no NDIS or government services of any kind. The CMO's assessment of taxpayer costs over the next ten years of $664,000 in services [for Aaryan's healthcare] is actually less than the tax we will pay. So how is there a cost to the taxpayer? All we ask is that the Minister considers the future for Aaryan and Aryasree."

Following the intervention, the family of four can now continue to call Australia home. 

Speaking to 9News, Krishna thanked everyone who supported their fight to stay. 

"Without you we wouldn't have got this far or have become permanent residents."

This article was originally published on March 6, 2023, and was updated on March 9, 2023.

Feature Image: Supplied.

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