Hi Smith Tribe
I would not cancel your daughter's DLA because the MoC will not ask about that or consider it. It will be a clinical decision alone, and one of the factors that would be considered is whether a family already living in Oz as PRs or citizens would be able to claim Australian Benefits in a situation like yours.
How old is Amelia at present?
Please see this case, to give you an idea of the sorts of reports they are likely to wat to see:
http://www.austlii.edu.au//cgi-bin/d...20+%20Robinson
The Robinson case went through two appeals and it is a nilestone of justice with this stuff. In the Bad Old Days, the MOC doctors had a strong tendency to make decisions based on "general experience" with a particular condition. That "general experience" tended to be of the pessimistic variety, with the medics tending to favour the Minister with the benefit of any doubt instead of giving the applicant the benefit of the doubt.
Robinson turned that on its head. The MOC now has to be ready to PROVE that he or she has read and considered every single documents produced in relation to the child's condition, and has given proper weight to what the child's own medics and other professionals say.
The solicitor who acted for the Robinson family does not normally do Immigration Law natters, His firm, Freehils, is very much a City-of-London type practice which would not normally deal with Family-type or Immigration matters and because they are a lerge commerical firm with an international clientele if large busineses, their fees are not cheap. Stephen Penglis was so appalled when he discovered how unfairly the "system" was treating young Master Robinson that he waived his fees and did both the MRT appeal and the Court appeal pro bono. Ms Robinson, the child's mother, is a midwife and she could never have afforded to pay Freehils for the amount of work that they did, so it was splendid of them to help her for free.
You could, if you wish, frontload Amelia's meds alone. Her meds will have to be referred to the MoC for an opinion, and the MoC may ask for further types of specialists' reports than the ones provided, or might want updated versions thereof. It may take time to gather tany extra material that the MOC might request.
Depending on how long the rest of the application takes, you might have to get a second set of meds for Amelia later on, but that would only be to confirm the up-to-date position at the time, and also to give you longer to validate the visas in due course.
I think it would be worth ringing round the Panel Doctors in your area. If you sweet-talk the receptionists, you can often get them to describe your concerns to the Panel Doctor, who may well be willing to say whether he/she thinks it would be worth frontloading Amelia's meds. The PD has no say in the MoC's decision - none whatsover - but teh experienced ones who have had a lot of practice with Panel Doctoring usually have a pretty shrewd idea of what the MoC is likely to want etc etc, and can often make pretty accurate predictions.
If the ones in your area won't help, ring Dr Goodall in Southampton, I suggest. He is Australian and he is incredibly kind, as is his receptionist. If you explain your concerns to her, she will ask hin what you should do and she will give you a time when you can call her back to find out what he has said.
The link below is to the High Commission website in London. If you click on Health, you can download the list of Panel Dopctors and also Forms 26 & 160, which are the two medical forms.
http://www.uk.embassy.gov.au/lhlh/Vi...Migration.html
You will also need to talk to your GP and get as much information (and copy documents) as you can out of him/her, because the more information you can supply to the Panel Doctor, the better.
Has your Agent explained to you that with the skilled 136 visa, it is not possible to appeal to the Migration Review Tribunal if you are not satisfied with DIAC's decision? With that visa, the only appeal is to the Court and that is only possible if there has been an error of Law, as there was in the Robinson case, but such errors
are rare.
Finally, Form 1071i is essential readng and is here:
http://www.immi.gov.au/allforms/pdf/1071i.pdf
Hope this helps a little.
Best wishes
Gill
Daughter's medical HELP!
Hi all, Just wondering if anyone has any info/guidance on the medical process. We are applying for a visa 136 and are not sure what they will say about of daughter Amelia. She has Attention Deficit Disorder, it basically means she finds it difficult to concentrate. She is on medication 'Equasym XL 20mg' daily and when needed has a top up 5mg. This is a controlled drug and helps to stimulate the brain which controls concentration. She is perfectly normal and healthy she does not have hyperactivity. She is in main stream school and has no one to one help. She is not statemented and leads a noraml life. This condition will not get worse and will probably be something she will grow out of. We do get the lower rate disability living allowance and this is for extra cash. We felt guilty about having it but now we don't know whether to cancel. She has regular checks and all has been well, height, growth, weight blood pressure etc. We think her condition stem from her prematurity (10 weeks prem). Any thoughts or advice would be appreciated. Our agent has said we could get a pre med done but even that is not 100% HELP!! Smith Tribe
