The federal government must overturn an immigration department decision to deny Australian residency to a German doctor because his son has Down syndrome, the opposition says.
Bernhard Moeller moved with his family to rural Horsham, in central-western Victoria, two and a half years ago to help fill a doctor shortage.
Dr Moeller has a temporary 457 visa which is valid until 2010, but has been denied permanent residency because the department believes his 13-year-old son Lukas would be a drain on the health system.
Coalition disabilities spokesman Cory Bernardi says he has asked Immigration Minister Chris Evans to intervene in the case but continues to pass the buck to the department.
"Minister Evans has the discretionary powers to intervene and approve the residency application of Dr Moeller and his family, yet as media pressure has intensified he has chosen to hide behind the department," Senator Bernardi said.
"It is sad that in this modern day we are still viewing people with a disability, such as Dr Moeller's son, as a burden.
"While children with Down syndrome have some degree of intellectual disability, this usually falls within the mild to moderate range.
"They can and do make significant contributions to our society."
The nation should show Dr Moeller its gratitude, not discriminate against his son, Senator Bernardi said.
"I am sure the community at Horsham would agree with me that the benefits of allowing the Moeller family to stay outweigh what the Department of Immigration and Citizenship has deemed a burden to taxpayers."
The department insists its decision was made in accordance with the law.
The Australian Greens said Dr Moeller's case highlighted the need for cultural change within the immigration department.
"While Immigration Minister Evans has shown willingness to move forward from the regressive policies of the past, it is evident that some outmoded mindsets within his department remain," Greens Senator Sarah Hanson-Young said.
"The public outcry about the Moeller family's case proves not only their value to the region in which they live, but also that the department's decisions are out of step with community attitudes."
A spokesman for Immigration Minister Chris Evans stressed the minister had no power to intervene in the case until after the Migration Review Tribunal had upheld the department's decision.