It has been a traumatic five years for Melbourne mother-of-two Georgina Huan.
Shortly after her wedding in 2018 she was diagnosed with an aggressive form of breast cancer, at the age of 30.
The treatment has left her with chronic pain and unable to live independently.
Throughout all her struggles younger sister Caroline Huan has been an indispensable source of support.
But now Caroline is facing deportation after her visa application was rejected over what the family sees as a "technicality".
'Our dad has never lived with us'
Caroline applied for a Remaining Relative Visa in 2018, which allows people to stay permanently in Australia to be with their only close family members.
The Department of Home Affairs say they will not grant the visa if there is a near relative, such as a parent or sibling, who usually lives outside Australia.
Caroline's application was rejected in 2019 on the basis that her father was living in Malaysia.
She says she believed she would qualify for the visa because her biological father has never been involved in her life — she says she does not even know if he is still alive.
"The reasoning that the immigration gave us for rejecting the application is that they don't consider the quality of relationships," Caroline said.
"Our dad has never lived with us. He's never been involved. Our mum has always raised us as a single mother."
Minister 'could intervene'
The family's lawyer, Zefy Souvlakis, says that while Caroline's case does not meet the strict requirements of the legislation, there are compassionate grounds for the minister to intervene.
"There is clear evidence that Georgina requires ongoing help and support, and that if she doesn't have someone there to offer her assistance full-time, she will suffer," she said.
Following the initial rejection of Caroline's visa application, the family submitted an appeal to the Administrative Appeals Tribunal (AAT).
While deciding against granting Caroline's visa in July 2020, the AAT acknowledged there were "compassionate circumstances" in Caroline's case, referring the matter to the Department of Home Affairs for consideration.
Under the Migration Act, the minister has the power to "substitute" a decision made by the tribunal for a "decision that is more favourable" for a visa applicant if they think "it is in the public interest to do so".
In March 2022, the Department of Home Affairs wrote to the family to say the case would not go before the minister because it did not meet "the guidelines for referral".
Ms Souvlakis has made another request for ministerial intervention, saying she hopes the department will give the new Minister for Home Affairs the opportunity to consider the application.
"We've submitted further information and evidence about Georgina's deteriorating mental health, as well as the mental health of her son," Ms Souvlakis said.
"The ministerial intervention powers are exactly for this purpose, for situations where compassionate and compelling circumstances exist."
Georgina needs full-time support
If forced to return to Malaysia, Caroline says she would have to "start from scratch".
Since her mother died unexpectedly in 2014, Caroline says she has no close friends or family in Malaysia.
Caroline currently lives with her sister, brother-in-law and their two children, seven-year-old Elliott and five-month-old Evangeline, in Melbourne's outer north.
Caroline has kept the household running and helped look after the children, a task made more challenging with Georgina's husband required at work on weekdays.
The sisters say they are "very, very close"
While Georgina's cancer is currently in remission, she says she now lives in debilitating pain following a double mastectomy three years ago.
Georgina said doctors believe the surgery caused permanent damage to the nerves in her left arm.
She now struggles with basic tasks that involve lifting her arm above her shoulder or carrying anything heavier than a milk carton.
"Because I struggle to lift my arm, carrying my daughter has become so much of a problem because I have near misses where I almost dropped her because my arms will just give way or flop."
Everything's come 'crashing down'
After the birth of her daughter Evangeline by C-section in December last year, Georgina's mental and physical health took a turn for the worse.
Then in March news came through that Caroline's initial bid for ministerial intervention had been rejected.
"I just felt so overwhelmed, like everything's come crashing down on me, because I might lose my support," Georgina said.
Georgina has battled suicidal thoughts and been diagnosed with an adjustment disorder, which includes anxiety and depression.
Several of her treating clinicians, as well as those treating her son Elliott, say the pair would suffer ongoing and irreversible hardship if Caroline were forced to leave Australia.
"I've been affected physically and now emotionally so I just don't know how I [would] cope if she were to leave," Georgina said.
"Caroline is giving the care that only a loved one can give; I can't get that help from outside."
Georgina is urging the Department of Home Affairs to let the minister consider her sister's application.
"We are lawful citizens, we didn't do anything wrong — we just want our family unit to be together," she said.
"See us as human beings; that's what we're asking immigration to do."
The Department of Home Affairs said they did not comment on individual cases.
