PR refused because Australian-born son has speech development delays

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PR refused because Australian-born son has speech development delays


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Old 10-30-2019, 02:45 AM
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PR refused because Australian-born son has speech development delays

Hello,

This is not my personal situation. I was just shocked about what I heard from a friend today. She said that her family’s PR application had been refused. The only reason was that her son has a speech development delay. They are Indian. I told her I can recommend a MRA/lawyer if she needs help and offered to help however I can. They both work and clearly contribute to the Australian community much more than what a speech delay would cost.

But I just can’t believe this is happening. These migration policies are unendingly nonsensical.


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Old 10-30-2019, 02:54 AM
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if there is a significant medical issue with any dependant, it is a good idea to consult a registered migration agent before committing to a course of action.

Hassali.abdi likes this.
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Old 10-30-2019, 05:41 AM
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Wrussel, they did


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Old 10-30-2019, 06:14 AM
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If they were accurately advised and went ahead with their eyes open, there is perhaps not much more to be said. If the refusal decision is reviewable and it is not too late to seek a review it might pay to seek a second opinion.

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Old 10-30-2019, 06:50 AM
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I don’t know the full story or 100% what stage of the process it is. I know there has been a court hearing. Anyway, they are doing application and appeal with an RMA. Anyway, it was just an anecdote to me which was very shocking. My friend said that she is awaiting a decision and depending if it is bad news, I want to try and help them by Recommending a good agency as well as raising awareness and advocating about their case. I have heard of people being refused for really significant Heath issues but this is beyond ridiculous and makes me sad how ableist our government has become.


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Old 10-30-2019, 08:34 AM
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Just adding - there is a Medical Officer of the Commonwealth Info Pack from 2017 which is likely to be outdated but available online due to a FOI request: https://www.homeaffairs.gov.au/foi/f...s-released.pdf

See Part 2 (pages 15-19).

Recently the cost / time thresholds were changed is my understanding.

When it comes to navigating complex health matters in the immigration world I have seen the following names repeatedly pop up, in case useful to share:

George Lombard

Peter Bollard

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Old 10-30-2019, 07:42 PM
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Quote:
Originally Posted by ZoeKaur View Post
I donít know the full story or 100% what stage of the process it is. I know there has been a court hearing. Anyway, they are doing application and appeal with an RMA. Anyway, it was just an anecdote to me which was very shocking. My friend said that she is awaiting a decision and depending if it is bad news, I want to try and help them by Recommending a good agency as well as raising awareness and advocating about their case. I have heard of people being refused for really significant Heath issues but this is beyond ridiculous and makes me sad how ableist our government has become.
These sort of situations are always heart breaking for those involved, but there is little point in commenting without knowing the full story.

There are a number of requirements that must be met to be able to migrate to Australia. Maybe itís harsh, but not everybody is entitled to a visa.

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Old 10-31-2019, 02:53 AM
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I am saying based on the reason my friend stated. I see little reason she would lie about it because I didn’t even ask her about it in the first place. My point is I find it horrid that the Dep is refusing visas cos of a child’s mild developmental delay especially when such a delay could be due to sociocultural factors and not necessary to cause a burden on Australian community. If I was asking for advice then it would be a different story and I would require more information on the case.


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Old 10-31-2019, 03:44 AM
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If as you have said there Has already been a " Court Case" , which I presume was the Tribunal Appeal, the options that are left for them are extremely limited. Apart from an expensive case in the Supreme or High Court all I can think of is an appeal to the Minister,( which are very rarely successful).
The health rules are long established, though the amount considered as the "Significant Cost Threshold" has recently been increased to $49,000.

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Old 10-31-2019, 09:00 PM
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Quote:
Originally Posted by ZoeKaur View Post
I am saying based on the reason my friend stated. I see little reason she would lie about it because I didnít even ask her about it in the first place. My point is I find it horrid that the Dep is refusing visas cos of a childís mild developmental delay especially when such a delay could be due to sociocultural factors and not necessary to cause a burden on Australian community. If I was asking for advice then it would be a different story and I would require more information on the case.
No one is saying that your friend is lying. I understand you are horrified about it, but there is not much point commenting about this further without knowing the full details and background.

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