Visa Solutions Australia recently managed to obtain a permanent
visa for a female client who was dying from cancer. Asha Joseph lodged her application years ago before her diagnosis, but it had effectively got ‘stuck’ in the system. It was a complex and demanding case.
The Joseph family arrive on a student
Serge Joseph, his wife Asha and two children came to
Australia from Pointe Aux Sables in Mauritius in December 2005.
“My parents and sister were already living in Australia, and
we could see the benefits of moving here. We had two young children and we wanted a
better future for them,” explained Serge.
A student visa application was approved for Asha and the family made
their home in Beechboro. Their two boys, Alex and Camille who were then aged 5
years old and 18 months, settled well into Australian life. Serge retrained to
be a carer and his wife studied catering and hospitality before securing a job.
Once she'd finished studying, Asha applied for permanent
residency and was sponsored by her sister, it all seemed straightforward. But unfortunately, due to a change in processing
policy by the Department of Immigration and Border Control, Asha’s application was
deemed low priority and stalled within the system. Bridging visas meant they could remain in the country.
Dealing with a cancer diagnosis
At the end of 2007, Asha was diagnosed with breast
“Asha’s diagnosis hit us hard. To say the world fell from
beneath me is an understatement, she was only in her thirties,” her husband Serge explained.
By the time officials looked at her residency application, they
automatically threw it out on medical grounds.
This is when Registered Migration Agent Andrew Emmott and
Dan Engles became involved.
“Serge contacted me and we lodged an appeal with the
Migration Review Tribunal which was unsuccessful. The Department of Immigration agreed with
this decision which was a blow,” explained Andrew.
“It was then that we decided to apply for ministerial intervention where a minister looks at the indvidual case on your behalf, but that wasn't a quick process, it remained with the minister for 18 months,” Andrew added.
Immigration officials show no
Serge remembers this period well. He said immigration officials
showed a complete lack of empathy.
“Australian officials even hinted that as a family we should
go back to Mauritius for my wife to receive treatment there. It was only when Andrew Emmott explained to the Department
of Immigration that Asha only had months to live that officials became more pro-active. He told them that if she wasn’t granted permanent
residency we would be forced back to Mauritius after living here 8
Asha’s permanent residency is granted
Permanent residency was granted to Asha just a week before
she died and then the family received theirs once medical checks and police clearances had been approved.
“We took a call from Visa Solutions
Australia the day that Asha passed away. She would have been so pleased to know that we were successful with our application. The day I lost my wife was the day I learnt I
had permanent residency.”
“Andrew Emmott was exceptional with the service he provided.
He did all he could, making representations for us, as time was not on our side,”
“We're now about to lodge our citizenship. We have been here
12 years so time to get Australian passports. We haven’t been back to Mauritius
in all that time and I want to take the boys back to show them our native
“I was very impressed with the team at Visa Solutions
Australia and know that Andrew will do his utmost for us this time with our citizenship application. Life will never be the same again, but I know
this is what my wife would have wanted – our Australian citizenship.”