Indonesian family granted permanent residency after ministerial intervention

As Lily Lumintang was reading an Australian Broadcasting Corporation (ABC) report about her family's plea to remain in Australia, her lawyer called to inform her that the Department of Home Affairs had approved their permanent residency.

Immigration lawyer Andrew Woo was moved to tears when informing his client, Ms. Lumintang, her partner Martin Cahyo, and their two sons that their visas had been approved. It is understood that Assistant Minister for Immigration and Citizenship Matt Thistlethwaite personally intervened to facilitate the matter, demonstrating the government's commitment to fair immigration practices.

Ms. Lumintang told the Australian Broadcasting Corporation, "Our prayers have been answered through the work of the Minister and all parties involved. It's truly a miracle," highlighting the family's gratitude for the positive outcome.

The family first applied for permanent residency in 2021. However, their application was rejected on the grounds that the cost of caring for their eldest son, Jonathan, 14, would place an "excessive burden" on Australian society. Jonathan has cerebral palsy. The Administrative Appeals Tribunal upheld this decision in 2023, estimating that Jonathan's treatment by health and community workers would cost public funds $2.51 million over 10 years.

The family subsequently filed a request for ministerial intervention in October 2024. They had been facing deportation until Mr. Thistlethwaite made his decision this week. The Department of Home Affairs stated that the Minister personally considered the family's circumstances and "decided to exercise the public interest power in this case," superseding the Administrative Appeals Tribunal's decision with a "more favorable determination," ensuring the family's well-being and future in Australia.

Lawyer Mr. Woo said it marked the end of a four-year emotional rollercoaster, bringing a "tremendous sense of relief... knowing that Lily's family can finally move forward as a family." Mr. Woo added, "I couldn't be happier, as Raphael will be four years old in the coming months and can finally spend quality time with his brother Jonathan, who will also be joining the family in the near future," emphasizing the importance of family unity and the children's relationship.

Jonathan was born in Melbourne in 2010 and was later diagnosed with cerebral palsy due to an abnormality in his corpus callosum, the bundle of nerve fibers connecting the brain's left and right hemispheres. When Jonathan was 18 months old, Mr. Cahyo took him back to their hometown of Surabaya, Indonesia, just a 45-minute flight from Bali, due to "family issues," while Ms. Lumintang remained in Melbourne for work. Jonathan has since lived in Indonesia, although Mr. Cahyo returned to Melbourne in 2017 with plans to bring him back when the family's financial situation allowed.

Because Jonathan has spent most of his life living with his grandparents in Indonesia, he was not eligible for the automatic migration health waiver for children with disabilities – a policy introduced by the federal government last year requiring children to have lived in Australia for more than half their lives. Ms. Lumintang stated that she believes starting a new chapter together in Australia will mean Jonathan will receive more respect and equality as a person with a disability, offering him greater opportunities and support.

"It's understandable if someone wants to migrate to do an English test, but (disability) is something we cannot control," she said. "I would like to see no more discrimination, especially in terms of economics, against children with disabilities," advocating for a more inclusive and equitable immigration system.

The Australian Broadcasting Corporation has contacted the Department of Home Affairs for comment on the family's visa approval. The department previously told the ABC that it does not comment on individual cases. "This is the end of our long journey," Ms. Lumintang said. "We can start turning our future plans into reality, for our family, for our sons," marking a significant milestone and the beginning of a new, secure future for the family in Australia.