Ministerial Intervention Granted for Carer of Severely Disabled 7-Year-Old Australian Sponsor

Visa TypeInterdependency Visa / Ministerial Intervention

CategoryPartner Visa

Case Summary

An Indonesian student whose Interdependency visa had been refused was providing full-time care to a severely disabled 7-year-old Australian boy requiring 38 medication administrations daily. We submitted a Ministerial Intervention request demonstrating the irreplaceable nature of the carer's role and the emotional bond she had formed with the family. The Minister accepted the arguments and she was allowed to remain.

Background

The applicant was an Indonesian citizen residing in Australia on a student visa. She had applied for an Interdependency visa with a severely disabled 7-year-old Australian boy as her sponsor, but the application was refused. The applicant lived with the sponsor's family, who provided her with food, accommodation, and travel expenses in exchange for around-the-clock care for the child. The case was referred to the Minister for consideration.

Challenges

Standard visa pathways were unavailable after the Interdependency visa refusal
Demonstrating why the child's care needed could not be substituted by conventional services
The sponsor was a child — establishing the genuineness and depth of the interdependency required sensitive and thorough framing

How We Helped

In our submission to the Minister we outlined the sponsor's complete dependency on the applicant for physical care — including 38 medication administrations per day. We described the time constraints on both parents: the father worked 12-hour days to cover the substantial medical costs, while the mother had to balance care between the sponsor, a sibling, and a third pregnancy. We submitted that the applicant had become not simply a carer but effectively an additional family member whose departure would cause profound emotional hardship across the entire family unit.

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Key Success Factors

Specific and powerful evidence of the child's care needs — 38 daily medication administrations demonstrating the intensity of care required
Demonstration that neither parent had capacity to absorb the care load given working and family circumstances
Framing the applicant as an integral member of the family unit, not merely a contracted service provider
Evidence of the deep emotional bond formed between the applicant and the family

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Outcome

The Minister accepted our arguments and the applicant was permitted to remain in Australia, continuing to care for the severely disabled child.

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