Dimple Grace Thomas, who hails from the state of Kerala in India, is serving a jail term of two and a half years for causing the death of a child in a car accident on August 8 2016, while entering South Gippsland Highway in Cranbourne, Victoria.
Ashlea Allen who was driving the other car was 28 weeks pregnant at the time of the accident.
Her daughter, Melarniah, died two days after the accident.
The court found that Dimple who was driving the car that caused the accident ignored the traffic sign and is guilty of mid-level culpability and was sentenced in September 2017.
Dimple's permanent resident visa was cancelled as the jail term is more than one year. As per Australian law, a foreign national’s visa must be cancelled if they are serving a full-time term of imprisonment for an offence committed in Australia and they have, at any time, been sentenced to a period of 12 months or more imprisonment.
To understand more about this SBS Malayalam contacted the Department of Home Affairs.
''If a foreign national’s visa is cancelled in these circumstances, the person may apply to the Minister for revocation of the visa cancellation decision," a department spokeswoman said.
The family, who were expecting community correction as punishment, were devastated after the court's verdict, says Dimple's husband Libin Jose.
Dimple Grace Thomas' husband Libin talks to SBS Malayalam Source: SBS Malayalam
''Eligibility for parole is after 15 months, but as the visa is now cancelled we have applied for reinstating the visa," says Libin.
"If there is a positive outcome, Dimple can stay in the house after she gets parole but if the visa is not reinstated she will have to stay in jail and will be either deported to India after her full jail term, or sent to a detention centre."
''Dimple had gone into a state of depression after the accident happened," says Libin. "She was remorseful for being responsible for the accident that caused the death of the baby."
The family is now going through an extremely difficult time with their four-year-old son, "waiting to see his mother come back from jail," says Libin.
The biggest challenge for Libin, he says, is explaining to his four-year-old son why his mother is in jail.
He says he often asks his friends to pretend to be Dimple over the phone and speak to his son.
''When my son asks for his mother, my friends call him over the phone pretending to be Dimple,'' he says.
Libin takes his son to meet Dimple on Sundays, and says that bringing him back after the visit is an emotionally draining task for the family.
Libin, who works as a registered nurse for two days a week and doing post graduation program in cardiac perfusion, is struggling to manage work and the new situation the family is now facing.
Libin and their four-year-old son, along with Malayalee community members, are now trying to put forward a petition to the parliament to reinstate the immigration status of Dimple.
More than five thousand people have signed this petition so far and more is required to help their cause, says Libin.
Libin is thankful to his friends and community who are raising financial support and now helping to put the petition forward to the parliament requesting change of visa status that will help Dimple to remain in Australia.
Many newly arrived migrants are unaware of the rules and regulations that need to be followed in Australia and Libin's family doesn't want anyone to undergo what they are going through now.
To prevent such incidents happening among the community members who are new to Australia, Libin along with some of his friends are aiming to run awareness programs within various Indian community groups.
