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A family might need to appeal against a CPV refusal
Old 31st August 2010, 09:04 AM   #1
Poms In Oz
 
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Default A family might need to appeal against a CPV refusal

Hi Sheelagh and others

This one is a sad case. The Parents are British and they have 4 children. One child has settled in NZ. The other 3 have settled in and around Perth, WA.

I know the family socially and the parents made their own CPV application.

It sounds like there is a 50% chance that the MOC will say that the father does not meet the Health requirement. This is the MOC's preliminary Opinion though the CO has invited them to provide further medical information if they wish.

The father has had lung cancer and a secondary tumour on an adrenal gland. Both of the tumours were removed surgically, in 2008 and May 2010. Apparently the history and the type of cancer mean that there is a 90% chance of further tumours within 5 years.

However the oncologist says that if another tumour appears, the pattern is such that it would either be removed by surgery or they would simply do nothing except offer palliative care. He says that either way, it would not be expensive to treat and that if the father needs palliative care, it would be the type where the best place to provide it would be at home, with his family around him. It is not the sort of situation where the patient would be sent to a hospice or anything.

My impression from the e-mails I've seen is that the oncologist is choosing his words carefully. I suspect that if two doctors were having a chat, out of earshot of the patient, the oncologist would be telling the other doctor, "Listen. This patient has terminal cancer in all technical senses. It might not kill him quickly and it might not be the cause of death in the end, but it is terminal cancer all the same and it is simply a matter of waiting to see what happens next." He is using wording that hints that this is what he means, though he is being careful not to say it in so many words, I strongly suspect.

There are 4 children. 3 live in Perth, WA. The fourth lives in NZ. The parents are both aged 63 and they have applied for CPV 143s. There are no family members in the UK apart from the parents themselves.

They are not using a migration agent at the minute. It is easy enough to apply for a CPV 143 on one's own, after all.

I was going to suggest to the father that he should have a chat with the Manager of the PVC. If there is no realistic hope of changing the MOC's mind then I think they should ask the Manager about whether to withdraw the application.

However before I could suggest that, the situation altered today. The oncologist is now going to try to persuade the MOC that in a situation like this one, there is no harm in letting the patient move to Oz because whatever happens, it is not going to be expensive to deal with.

I think it is worth the gamble of letting the oncologist say this if it is the only thing he feels able to say - which it seems to be.

So I now think that they need to talk to an RMA. I think the RMA should be in Perth because that is where 3 of the children are. I think they should get advice about a possible appeal to the MRT - in the hope of a different Opinion from the RMOC. This is what I think they should talk to the RMA about and I think that at least one of the children should have a face to face chat with the RMA.

As long as the RMA is in Perth - where the children are - whereabouts in Perth the RMA is doesn't matter. It just needs to be one with a solid track record of MRT appeals in this sort of situation. I also think that the family need to have a solid "human connection" with the RMA via one of the children meeting him/her in the flesh, rather than a canned relationship down the phone wires.

Any suggestions, please? I have no idea how one would find an RMA who would be suitable for this job, though Robert Chelliah is at the front of my own mind at the moment. Am I right, please?

Many thanks

Gill

PS - Reading this over, I forgot to say that the Parents already have sc 676 visas as well. These allow them to stay in Oz for up to 6 months at a time. The parents plan to fly to Perth in late October 2010 and to stay for 6 months. The father is seeing the oncologist on 16th September and then I think he is having another scan in early October.

This is all the more reason why the family needs an RMA who is in Perth, so that the parents can meet the RMA in the flesh as well.
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Old 31st August 2010, 01:18 PM   #2
Sheelagh Blanckenberg
 
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Sheelagh Brigid Blanckenberg Registered Migration Agent
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Hi Gill

My, what a very sad case.

Yes, have spoken to Robert about your post. He is top of my mind too - a real fighter when it comes to matters like this! He has immense MRT experience and will certainly be quite frank with his summation of the applicants' chances.

Robert, perhaps you can add your two-pennies worth here - I see you are on-line at the moment :-).
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Old 31st August 2010, 01:23 PM   #3
Robert K Chelliah
 
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Nice of you to think of me Gill. I will be happy to meet the children in Perth and have discussion on strategic process, probably for an onshore application where MRT appeal process and if need be Ministerial Intervention can drag on for sometimes.

The MOC has be persuaded to take cognizance of the iconic Robinson case where the circumstances of the individual's medical condition should be the main consideration and not the general medical condition under 4005.

Ask the children to give me a call on 92464088.

Best wishes


Robert K Chelliah
rkc@austmigration.com.sg
Tel:08 92464088
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Old 1st September 2010, 01:51 AM   #4
Poms In Oz
 
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Hi Sheelagh and Robert

Thank you very much indeed for responding.

I have e-mailed you both because there is an attached document that seems to be relevant. I used the e-mail address for Sheelagh that I have had for ages, so please shout if a new e-mail address is more relevant, hon.

With Robert I have merely clicked on the link in his post so the e-mail will go through to that address.

The attachment is a PDF file that seems to have been heavily compressed by DIAC. The document itself is 30 pages long but my machine says 250KB, so I am not sure how that has been achieved. However it is a DIAC document and their IT people undoubtedly know vastly more than I go about cyber-gadgetry! Zoltan might understand the computer-end of the document but I suspect that none of the rest of us would.

Cheers

Gill
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Old 2nd September 2010, 09:49 PM   #5
Robert K Chelliah
 
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Hi Gill

I have recieved the attachment with the email and we have had private email on the topic.

I will wait to hear from the parties concerned.

PS Sheelagh Thank you for the compliment and we hope and wish all goes well with your health issues. Take care


Cheers

Robert K Chelliah
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