Irish family loses Australian deportation appeal after son’s cystic fibrosis diagnosis

The Hyde family remains hopeful that a minister will intervene

An Irish couple and their Australian-born son have had their appeal to stay in Australia rejected, but remain hopeful that a minister will intervene on their case.

Anthony and Christine Hyde's son Darragh's cystic fibrosis diagnosis has been deemed a "financial burden" on Australian taxpayers and has prevented the family from being granted permanent residency in Australia.

Read More: Irish family facing deportation from Australia after son diagnosed with Cystic Fibrosis

While the Hyde's deportation appeal was formally rejected on Tuesday, the tribunal reviewing their case has recommended it be referred to the Department of Immigration who will decide if Minister David Coleman should intervene.

On the family's petition website, Christine Hyde wrote: “Today the visa was refused as expected."

“However, the member has made a decision to recommend our case to be referred to the minister. This means the case goes back to the department of immigration and they will decide if the minister should look at our case to intervene.”

“We still have a battle to get the minister's attention.”

The Irish Times reports that “Tuesday’s ruling means the couple technically have 28 days to leave Australia but they [the Hydes] will be applying for bridging visas so they can remain and fight their case.”

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Anthony and Christine Hyde emigrated to Australia nearly a decade ago and settled outside of Melbourne. In 2015, the couple submitted an expression of interest to Australia’s Department of Immigration and Border Protection indicating that they wanted to apply for a skilled visa and permanent residency.

Christine, a teacher, and Anthony, a bus driver, met the criteria as Christine is a teacher and Australia had a shortage of qualified teachers in rural areas. The couple was invited to apply for permanent residency.

Part of the permanent residency application requires applicants to undergo medical assessments. Christine was six months pregnant at that point in the application, and since the assessments involved X-rays, she would have to wait until after she gave birth to complete it.

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Eight weeks after the couple’s son Darragh was born on August 18, 2015, a heel prick test confirmed that the newborn had cystic fibrosis.

Since Christine and Anthony were not permanent residents of Australia at the time of their son’s birth, Darragh would also have to be added to the application process and undergo his own medical assessment.

Darragh’s doctor had to submit a letter detailing the newborn’s condition, which Christine and Anthony initially thought would not affect their residency prospects.

However, a medical officer later determined that Darragh’s condition could mean he would need a lung transplant and medical treatment, costs that would fall on the Australian taxpayer.

As such, Darragh and his condition were deemed a “financial burden” to the people of Australia, and the family’s application for residency was refused.

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The couple has since mounted a battle to let them stay in Australia and launched an online petition, which has now garnered over 66,000 signatures supporting their cause.

Christine has said: “Darragh is Australian; he was born in Australia and has never set foot out of Australia. He’s never been to Ireland. It’s really unfair.”

Do you think the Hydes should be able to stay in Australia? Let us know in the comments!