does cancer patient have a chance

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does cancer patient have a chance


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Old 10-05-2013, 05:40 AM
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Smile does cancer patient have a chance

dear all,

I've received an skilled immigration visa invitation, but I'm having a big problem - the health examination.

In early 2012 I was diagnosed with Thyroid cancer with lymph node metastases. Having received a surgery and a few other treatment, I am fine. And it's been more than a year that the medical examination show that there is no sign of cancer recurrence.

The thyroid cancer is one of the milest cancers and has a very low mortality rate.

I am wondering if someone might have a good knowledge over this matter. How should I proceed? Have you ever heard of similar cases?

thank you my friends,

Cheers
Bravesun

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Old 10-05-2013, 06:40 AM
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Hi Bravesun -

It all comes down to the specifics of your case and the cost and care that medical officials with Australian immigration determine your condition will require. Assuming you've been invited to apply for a subclass 189 or 190 skilled PR visa, these visas do not have a health waiver, so if the projected cost of your condition exceeds the "significant cost" threshold of $35,000 over the first 5 years of your PR in Australia, it's very likely you would be refused the visa on health grounds. You could appeal this to the Migration Review Tribunal (MRT) but would almost surely fail there as well, but after that you would have access to the Ministerial Intervention process if you wanted to make a personal appeal to the Minister to grant the visa.

Another option is an employer sponsored PR visa including the subclass 186 ENS and 187 RSMS visas - these DO have a health waiver, where even if you exceed the substantial cost threshold, you can argue that the overall benefit of your presence in Australia outweights the financial costs of your condition. These are often successful if properly presented and evidenced, and if your circumstances are such that there are benefits (don't just have to be financial benefits) of your presence in Australia.

Hope this helps -

Best,

Mark Northam

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