Bexley’s Jihan Merhi is caught between two worlds.
Jihan is of Lebanese Muslim descent and was born profoundly deaf.
Despite this, she has overcome adversity with the support of her family and found independence and work.
But she is now caught in a heartbreaking situation out of her control.
For about the past three years, Jihan, 30, has been in a long-distance relationship with Mohamad Barghachoun, 28, who is also profoundly deaf.
Mohamad resides in Tripoli, Lebanon and works as a motor mechanic. Jihan was introduced to her fiancé on a trip to Lebanon about three years ago.
Jihan and her fiancé have chosen to marry each other based on a shared cultural background and language.
Their wedding is set to take place in August this year.
As an Australian citizen sponsor, Jihan lodged a prospective spouse visa in October, 2016.
But in March, the Department of Home Affairs, on advice from the Commonwealth Medical Officer, advised Mohamad that he was not going to meet the health requirement for a visa because of the possibility that he could seek cochlear implants sometime after either a temporary or permanent Australian visa is granted.
Jihan’s representative, Paul Smith of Hanan’s Migration Services said it is a condition for granting of this particular visa that all applicants meet the statutory health requirements.
“The Department advises that this is likely to result in a significant cost to the Australian community in the areas of health care or community services. The procedural cost is likely to be $61,500, over the allowable cost threshold of $40,000,” Mr Smith said
“Mr Barghachoun has stated both in the past and now that he does not wish to undertake any procedure to obtain cochlear implants.
“But the Migration Regulations state that this consideration will apply regardless of whether the health care or community services will actually be used.
“A medical specialist from Lebanon has provided information to the Department in February that Mr Barghachoun had been diagnosed from childhood of severe hearing loss and that he cannot be considered a candidate for cochlear implants.
“He relies on lip reading and signs for communication with people and is excellent in lip reading and very satisfied.
“This same specialist has more recently provided an updated medical opinion to Mr Barghachoun which clearly states that he cannot be considered a candidate for cochlear implants.”
Jihan has been in Australia almost her entire life, having emigrated from Lebanon at a young age.
Despite limitations caused by her hearing disability, she has made great progress in overcoming this adversity. She has been working at a Carlton Railway Pharmacy for about five years and resides in Bexley with her family.
Jihan does not understand why the Department has taken this position and why they would state that Mohamad is a serious candidate for cochlear implants when he clearly has no need for or interest in such a procedure.
“The delay is until we provide further information. We have until June,” she said.
Mr Smith, said Jihan’s situation is unusual in that she comes from two cultures - the Lebanese/Muslim culture and the deaf culture.
“The NSW Deaf Society believes that being deaf should be considered a sub-culture rather than a medication condition,” he said.
Jihan and her fiancé have also received support from the NSW Deaf Society chief executive officer, Ms Leonie Jackson has asked the Department to consider and respect the potential unique contribution that Jihan’s fiancé can make to the diversity of Australian society.
She asks that the Department consider that his capacity as a culturally deaf person will mean less of a public health burden as he relies on the use of sign language rather than intensive audiological intervention.
“The visa delay is until we provide further information,” Jihan said with the aid of an AUSLAN interpreter.
“We have moved the wedding date a couple of times. It may have to be moved again. It now depends on immigration. If they give me a visa it won’t be moved,” she said.
“I’m really stressed. I just want my fiancé to be with me. I just don’t want to be alone. I’m a woman in waiting.”
