A German doctor hoping to gain permanent residency in Australia said Oct. 31 he will fight a decision by the immigration department to deny his application because his son has Down syndrome.

Isabella Moeller, Bernhard Moeller and their son, Lukas, outside their home in Horsham, Australia, on Oct. 28. AP PHOTO

Bernhard Moeller, a specialist physician, came to Australia with his family two years ago to help fill a doctor shortage in a rural area of Victoria state, in Horsham, about 160 km northwest of the state capital Melbourne.

His temporary work visa is valid until 2010, but his application for permanent residency was rejected. The immigration department said Moeller's 13-year-old son, Lukas, "did not meet the health requirement."

"A medical officer of the Commonwealth assessed that his son's existing medical condition was likely to result in a significant and ongoing cost to the Australian community," a departmental spokesman said in a statement issued Oct. 30 by the Department of Immigration and Citizenship.

"This is not discrimination. A disability in itself is not grounds for failing the health requirement — it is a question of the cost implications to the community," the statement said.

Moeller said he would appeal the decision.

"We like to live here, we have settled in well, we are welcomed by the community here and we don't want to give up just because the federal government doesn't welcome my son," he told reporters.

Immigration Minister Chris Evans has no power to intervene in the case until the review tribunal or a court upholds the department's decision.