Key Points
- A Cairns family of four facing deportation has been granted permanent residency.
- The Lim family was ordered to leave Australia because their son’s autism was deemed to be an economic burden.
- Immigration Minister Andrew Giles exercised his public interest power in their case.
A Cairns family facing deportation over their son’s autism diagnosis has been granted permanent residency after a personal intervention from the immigration minister.
The decision, which comes after almost eight years of uncertainty, means Hyunsin Lim, Yoojin Yang and their two children can remain in Australia.
Previously, the Lim family’s permanent residency application had been denied due to son Seongjae’s medical condition.
Yoojin Yang, Seongjae’s mother, told SBS Korean that the minister’s intervention came after more than 30,000 people signed an online petition in the family’s favour.
“We bow our heads and deeply thank everyone who supported us so that we would not lose hope and who gave encouragement and signatures for Seongjae,” she said in a statement sent to SBS Korean.
“As much as the love shown to Seongjae, I will do my best so that he can grow into a confident Australian who can help everyone.”
Australian dream dashed by autism diagnosis
Hyunsin Lim and his wife Yoojin Yang immigrated to Australia from Korea with their three-month-old daughter in 2013.
Their second child, Seongjae, was born at Mater Mothers' Hospital in Brisbane in 2014.
The Lim family faced a struggle to stay in Australia after the residency application for their son was rejected on medical grounds. Credit: Supplied
Hyunsin, who worked as a restaurant manager and was nominated as a skilled worker, had applied for a RSMS subclass 187 visa.
In Australia, visa applications can be denied on health grounds based on potential burden on the medical system.
Seongjae was diagnosed with autism at the age of three after initially being treated for asthma and a cold at Cairns Hospital.
Yoojin said Seongjae's verbal intelligence, cognitive and learning abilities, and social skills declined over the following few years.
But in 2018, Seongjae underwent surgery for middle ear dysfunction, the after-effects of a high fever cold.
The family argued Seongjae’s language development increased quickly and significantly after the surgery.
But in July 2022, the family’s appeal to the Administrative Appeals Tribunal was dismissed.
The ATT found Seongjae’s autism would likely require long-term support, including special education and commonwealth disability support services.
In recent months, the parents called on Mr Giles to personally intervene, their last avenue to remain in Australia.
Campaign garners 30,000 signatures
To raise awareness of their situation, the Lim family launched an online signature campaign.
In the accompanying text of the petition, Yoojin questioned the ruling that her son would be a “significant burden for the Australian community”.
The parents claimed the economic burden their young child would cause on the health system was being “overestimated” and that the family's contribution to Australian society over the last 10 years was "overlooked".
The campaign drew widespread support, including from members of Australia’s neurodiverse community.
On 8 May, the Lim family received the news they had long waited for.
In a letter to the family, Minister Giles confirmed he had exercised his public interest power to grant them a Former Resident (subclass 151) visa, which allows them to live permanently in Australia.
Seongjae Lim. Credit: Supplied
Cairns’ Korean community rejoices
Members of Cairns’ Korean community have expressed their delight at the decision.
One of those is Dr Edward Kim, a local resident who assisted with Seongjae's online petition.
"Cairns is a small city, a peaceful city without any conflict. Seongjae’s family has shown only kindness and love through their restaurant,” he told SBS Korean.
"I sympathised with their pain from the perspective of a parent raising children. I prayed that I could help in any way and started to help this petition.”
Seongjae’s mother, Yoojin, expressed her relief now that the ordeal is over.
“The world is still worth living in and I think it will get better in the future,” she said.
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