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Mother's Tourist visa rejected due to Parkinson
Old 1st May 2016, 11:58 AM   #1
Join Date: May 2016
Location: Sydney
Posts: 1
Default Mother's Tourist visa rejected due to Parkinson

I had applied for VISITOR (Class FA) VISITOR (Subclass 600) for my parents. My dad got the Visa but my mum’s visa got rejected. Both are in their early 80's.
My mum suffers from Parkinson but she has visited Australia thrice in the same condition. She has no major issues except that she becomes inactive for a couple of hours each day due to Parkinson problem & we call it freezing but after that she is normal. Every time she visited my sister & me in Sydney she never had to avail any medical care except on her last visit when her sodium level went down considerably & she had to be admitted to hospital & the expenses where covered by private health Insurance. (BUPA).
Between my sister & I we take good care of her. She was really looking forward to visiting us. Now she is very sad & cries often. It is killing me.

We received the following letter & have been given opportunity to comment.

How should we argue our case? What points should we highlight, & apart from another doctor's observation report what other documents should we submit to make our case strong.

Dear Client,
This letter refers to your application for a tourist visa, which was lodged at Australian High Commission, New Delhi on 01/04/2016
Following your medical examination, a Medical Officer of the Commonwealth (MOC) has determined that you have failed to meet the health criteria for the grant of the visa which you have applied for.

Section 57 of the Migration Act 1958 provides for you to be given the opportunity to comment on this adverse information.

I have enclosed a copy of the MOC's opinion. If you wish to comment on the MOC's findings or to supply new information in relation to your case(medical reports from your doctors),you are welcome to forward it to this office. We will in turn forward it on to the MOC for consideration and advice you of the MOC's final determination.

Please ensure that you mention your passport number in your response. If you wish to provide comment, you must do so within 28 days of the date of this letter. After that time a decision will be taken on your application based on the information to hand.

The applicant has been assessed against Public Interest Criterion (PIC) 4005 [see attached extract]for the period of 1 year.
The applicant does not satisfy sub-subparagraph PIC 4005(1)(c)(ii)(A) in Schedule 4 to the Migration

The applicant is an 80 year old person with:
- Moderate functional impairment.
-Form and severity of the applicant's condition:
The applicant has moderate functional impairment, due to Parkinson's Disease, and currently requires assistance in some aspects of activities of daily living. Provision of services to a hypothetical person with the applicant's condition: I consider that a hypothetical person with this condition at the same severity as the applicant, would be likely to require community services in the form of residential care. This condition is likely to be Progressive.

I consider that a hypothetical person with this disease or condition, at the same severity as the applicant, would be likely to require health care or community services during the period specified

These services would be likely to include:
Residential care services
Provision of these health care and/or community services would be likely to result in a significant cost to the Australian community in the areas of health care and/or community services.
In preparing this opinion, I have had regard to the information available to date concerning the applicant, including, but not limited to the immigration medical examination dated 9 April 2016.
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Request for a Waiver.
Old 2nd May 2016, 01:18 PM   #2
Keziah W
Join Date: Apr 2016
Location: Australia
Posts: 4
Default Request for a Waiver.

Hi there,

There is only one option, that is, if you can indicate evidence that you can afford to take care of your mother's medical expenses without incurring costs to the community, which is to respond with a request for a waiver highlighting that you are financially capable for assisting your mother's medical costs.
Moreover, you can point out that it is not a contagious illness that can harm the Australian Community and the costs you are willing to fund for.
If you can afford it, please consider appealing for it.

Good luck.
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Old 3rd May 2016, 12:38 PM   #3
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Join Date: Jan 2010
Location: Cairns
Posts: 1,071
Nick van Voorst van Beest Registered Migration Agent
MARN 0640648

If you want to argue such complex matters, I suggest you engage a professional to do it for you.
Nick van Voorst
Registered Migration Agent 0640648



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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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