News

Paralysed student granted Permanent Residency.

Devarshi Deka sits outside surrounded by family and friends.

Header Image: Rick Kuashik

Outgoing Immigration Minister Andrew Giles has granted Devarshi Deka permanent residency, allowing the 33-year-old Indian national to gain much needed support from the NDIS.

Deka, who came to Australia last year to study a Master of Professional Accounting, had landed a part-time job and was out celebrating with friends in Hobart late last year when he was attacked.

The alleged assault left him in a three month medically induced coma, where upon awaking, Deka found himself paralysed, with a severe brain injury and vision impaired in one eye.

As an international student, Deka was ineligible for the type of ongoing support required for his rehabilitation.

A landscape photo of Blackmans Bay in Tasmania

Deka’s friend and advocate, Rick Kaushik, said with Deka no longer able to apply for permanent residency under its medical assessment guidelines, his family and friends contacted their local Greens MP Helen Burnet for help.

“We didn't know if this was possible or not, but we were very persistent in what we wanted” Kaushik said.

“Thanks to Helen Burnet, who started the petition where we got 6,500 plus signatures… we've shown people who think immigrants or anybody walking on the street is an easy target, that we have a backing…that's the true face of Tasmania.”

Kaushik was with Deka and his family at the repatriation centre when news of his new residency status came through late Sunday evening.

“His [Deka] current student visa…had to be cancelled as a part of the ministerial intervention process,” Kaushik explains.

Deka would spend the next hour detained and under guard, anxiously awaiting word from the immigration minister.

“The minister finally gave his approval, and then [immigration officers] came and told Dev, ‘Look, you've been granted a permanent resident visa.”

“He [Deka] was so happy he started crying...His parents joined their hands and thanked…the government, and Mr. Andrew Giles. They were full of gratitude…It was a very emotional moment indeed for the family. The room was full of tears, lots of emotions, lots of happiness. Lots of hope as well.”

A 24-year-old man has been charged over the alleged assault and is expected to reappear in court later this month.

This is an extract from POWERD’s Emma Myers interview with Rick Kaushik speaking on behalf of the Deka family. Listen to the full story or read the transcript below.

Paralysed Student Granted Permanent Residency

Video transcript

Speaker 1 00:00

can I get this call and they said look two home affairs officers will be there at the repatriation center so you have to be there with they've that's that was because they've had to be detained because his current student visa that was expanding next year had to be cancelled as a part of ministerial intervention process so they cancelled his current visa and for that one hour he had to be under custody because he was technically not like a legal migrant because he didn't have visa during that one hour so the officers were there to detain him after that the minister finally gave his approval and then they came and told Dave that look you've been granted a permanent resident visa and he was so happy that at first because of his mental state he didn't absolve it correctly and he didn't understand what the situation is he didn't understand what has happened and then I shook his hand and I said mate we've made it and that's when he realized that this has happened and he started crying out loud and his mother joined his parents joined their hands and thanked the visa officer the home affairs officer the government and Mr.
Andrew Giles and myself they were like uh full of gratitude at that point it was a very emotional moment indeed for the family the room was full of tears lots of emotions lots of happiness lots of hope as well because when we started the journey I spoke to you I think three months ago and that's when we didn't know what to expect we didn't know if this was possible or not but we just went on with our consistency and we were very persistent in what we wanted one day one and finally we were here with the result

Speaker 2 01:43

That's incredible news. I'm so happy for you and Dev and his entire family. Is Dev's family moving over here or will they go back to India?

Speaker 1 01:58

No, so they will go back to India. Look, Dave's parents are already 65 years plus. Obviously they want, they've settled first. That's their first priority given the situation. So their plan is to eventually go back to India.

Speaker 1 02:10

Obviously they've got a tourist visa so they can anytime come into the country, meet Dave, stay here for a few months and go back. Given that Dave can be taken care of here in Tasmania, he'd be getting NDIS support potentially and he'd be getting like support workers and stuff.

Speaker 1 02:27

So at least now that they are at peace, that my son will be looked after and he's in the right hands. He's in the right place with that relief, with that satisfaction. They can fly back to their hometown.

Speaker 2 02:40

What's happening going forward? What does the future look like for Dev now?

Speaker 1 02:48

Well, the next part is, first of all, he needs to recover a little more. His physical recovery is going fine. He's starting to gain that muscle memory back. However, his mental health has taken a bit of a hit given the journey he's been through and now that he's more aware of the situation of what's happening.

Speaker 1 03:05

Secondly, in the last few weeks, he's been crying a lot because he wants to get out of the hospital. He's been almost a year on a hospital bed. It's not easy for anybody to be isolated for that long.

Speaker 1 03:19

So he's getting that frustrated now. So the next step for him is to get out in probably a supported accommodation and start to sort of live on his own, starting to do small things like going to the toilet, getting up by himself, all these things.

Speaker 1 03:35

And the next thing we'll do is we'll meet with the doctors and potentially come up with a discharge plan.

Speaker 2 03:40

Is there anything a sea witch could say or add?

Speaker 1 03:44

No, I just want to say a big thank you to the government, to the Albanese government, to the Prime Minister, to Andrew Giles, to whoever has played a very important part in his journey. Thanks to Helen Burnett, the MP for Greens who's started the petition with where we got 6500 plus signatures.

Speaker 1 04:03

Thanks to Josh Willie. And I just want to thank everybody who sort of stepped out and helped us. And I think by this decision we've shown, we've shown people who think immigrants or anybody walking on the street with an easy target that we have backing.

Speaker 1 04:22

And I think every such victim has a backing of like 6500 plus local Tasmanians. And that's the true face of Tasmania. So I just want to thank everybody. That's all.

Speaker 2 04:32

What's happening regarding the legal case with Deb's alleged attacker?

Speaker 1 04:38

So it's still with the honorable court. The next hearing is probably this month. I'm not aware of the exact date But I think it's probably in the next few days in that we'll know what the next sort of step is.

Speaker 1 04:49

I obviously The decision hasn't been made yet still with the court. But as soon as something comes out, we'll definitely let you know