98-year-old nan could be deported from Australia

Her family are devastated by the news

A 98-year-old frail grandmother faces being deported from Australia unless a ruling is overturned after a final hearing today.

Esmeralda Rosario, who needs a wheelchair, has lived with her family in Australia for 12 years but could be deported back to India after official refused her application for an Aged Parent Visa.

Mrs Rosario and her family, were shocked by the outcome of a review of the decision in November last year, The Daily Telegraph reported.

Samantha D’Silva, who is married to Ms Rosario’s grandson Jason, has set up a petition in a bid to challenge the decision.

She wrote, ‘She has been denied residence based on her age, and is now at risk of being deported back, where she will have to live the rest of her days without her love ones by her side.

‘Australia is her home. Please help my family in supporting my Grandmother.’  

The family’s appeal (Credit:

The Home Affairs department found that paying for a carer for Ms Rosario for 15 hours a week was too expensive. She receives a $50,990 AUD care package for in-home care while her family are at work.

Ms Rosario was examined in 2018 by a medical examiner to see if she met the Public Interest Criterion of the Aged Parent visa, who found she had ‘severe functional impairment’ and that her care would be a ‘significant cost to the Australian community.’

Her family say her health declined in the 12 years since she arrived.

Mrs D’Silva wrote, ‘My family applied to keep her in the country indefinitely in 2012 because she had no one back home to take care of her.

‘Over the past 12 years, my Nan’s mind has deteriorated and is not the same person she was. Due to natural ageing over the last 12 years, she now suffers from anxiety.’

Her family say there is no one to care for Mrs Rosario in India, and hoped she could live her final years with them in Australia.

Samantha shared photos of Mrs Rosario with the petition (Credit:

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge told The Daily Telegraph, ‘Her application for permanent residency is currently before the AAT and depending on that outcome, there will be other options available to her including ministerial intervention.’

If Mrs Rosario’s appeal is rejected at today’s hearing she must leave Australia within 28 days or apply for ministerial intervention.

Related stories