Mum and autistic son could be deported from Australia in 28 days
A mother and her autistic son could be deported from Australia within 28 days after failing to qualify for a skilled working visa.
The decision has been branded 'cold and heartless' by Queensland Disabilities Minister Coralee O'Rourke who is calling for it to reversed on Ma Cecilia ‘Maria’ Sevilla's behalf.
Ms Sevilla moved to Australia in 2007 from the Philippines to study nursing and build a life for herself and her then two-year-old son Tyrone.
Tyrone was diagnosed with autism spectrum disorder just six months later.
Mrs Sevilla still managed to complete her TAFE and university studies as a single mother before moving into a position at Townsville Hospital in North Queensland.
This year she applied for a 489 skilled visa – but it was refused because her son did not meet the health requirement of the Migration Act.
The single mother initially had her visa application rejected because her son's autism would be a 'burden on the Australian health system', according to the Immigration Department, reports Daily Mail Australia.
Mrs Servilla, who works as a nurse at Townsville Hospital, also appealed the decision Migration Review Tribunal but it was rejected.
A spokeswoman for Minister Dutton said the Migration Review Tribunal had reviewed the case and affirmed the original decision.
"Most visas for Australia require applicants to meet the health requirements set out in Australian migration law.
"The health requirements are an objective assessment to determine whether the care of an individual during their stay in Australia would likely result in significant costs on the Australian community.
"The visa was refused because the child did not meet the health requirement."
Mrs Servilla has previously launched her own campaign pleading with Immigration Minister Scott Morrison to allow her and Tyrone to stay in Australia.
She has previously said: "I've worked for years, raising my son and studying to be a nurse.
"Yet all of it could be taken away because the government thinks that children with autism are going to be more of a cost to Australian society than a benefit - but that’s just not true!” she writes on the petition.
“He is a happy child with full of life attitude and can lighten the mood of a room with his presence.
“The idea that he can’t contribute because of his condition is just wrong.”
She highlighted that her son does not take any medication, and if he is sent back to Philippines his safety could be at risk.
“Tyrone’s personal security, human and child rights, and dignity are at stake if he is sent there,” she wrote.
“The failure to recognise Tyrone's vulnerability is likely to result in harm and continuing hardship, not only to Tyrone but also to our Australian family unit."
Almost 65,000 people have signed a petition to keep Mrs Servilla in the country.
If you would like to sign it click here.
Morning news break – April 3
