Visa refused?!?!? Hmmm

[J.and.K]

Hi everyone, just read a thread on BritishExpats where a family have been denied a visa because their child has moderate learning difficulties GDD. Dont know much about this and our hearts go out to them. Still very worried about our application as we are still gathering info on our little Chloe, (pic avatar) she has a speech delay and we are seeing specialists this week at the request of DIAC.We love australia and we would be the exact opposite of a burden! It seems to be a financial matter in that they want our skilled workers without any hick-ups! hick-ups! hick-ups! sorry for the rubbish jokes but feeling a bit fed up! what do you think? ah well if it's meant to be it's meant to be!

[Working to fish]

Hi
Our advice for you would be to phone up two or three agents before parting with any cash. Tell them your situation and see what they've got to say. I can't see you've got any probs (but i'm not an agent). Best of luck to you.
Eddie and Tina

[Gollywobbler]

Hi J&K

I'm very puzzled by the visa refusal you are describing.

I'm perhaps a bit less puzzled by the one on Adelaide Brits where the child is blind, though last year there was a thread about a blind child on BE and their visa was granted, thoigh the latter family may only hvae a temporary visa (not sure.).

I suggest you wade through the report of the Court's Judgement in the Robinson case in 2005. The link is here:

Robinson v Minister for Immigration and Multiculturaland Indigenous Affairs (with Addendum dated 18 November 2005) [2005] FCA 1626 (10 November 2005)

As far as I know (not that I'm any sort of real expert) Robinson remains good Law. DIAC decided not to appeal against the ruling.

Which visa have you applied for, are you using an Agent who specialises in cases where the meds might be tricky, and if so which Agent? (PM me about this if you prefer, or e-mail me, which is easier for me.)

How old is your bub and what do your own doctors say about Chloes's condition?

I'll give you all the help and support that I possibly can.

Best wishes

Gill

[J.and.K]

Hi and thanks, We are at the final stages and have a request off our case officer for more information on chloe(aged 2) ... we have to see a psychologist on monday and hopefully they will be able to tell us more about her condition, we have read up on autism, global delay, aspraxia, dyspraxia and much much more but can't see where she fits in??? It seems like medical theories could ruin the day!!! When we first started the visa process we had no idea that there was anything wrong with Chloe now we don't know what to think other than we now won't be able to go to australia and the bank are going to reposess our house (not really) as the whole process costs a fortune. There are six of us hoping to go to a new life and we are all excited... still hoping

Kate & Jay

[J.and.K]

Originally Posted by Gollywobbler

Hi J&K

I'm very puzzled by the visa refusal you are describing.

I'm perhaps a bit less puzzled by the one on Adelaide Brits where the child is blind, though last year there was a thread about a blind child on BE and their visa was granted, thoigh the latter family may only hvae a temporary visa (not sure.).

I suggest you wade through the report of the Court's Judgement in the Robinson case in 2005. The link is here:

Robinson v Minister for Immigration and Multiculturaland Indigenous Affairs (with Addendum dated 18 November 2005) [2005] FCA 1626 (10 November 2005)

As far as I know (not that I'm any sort of real expert) Robinson remains good Law. DIAC decided not to appeal against the ruling.

Which visa have you applied for, are you using an Agent who specialises in cases where the meds might be tricky, and if so which Agent? (PM me about this if you prefer, or e-mail me, which is easier for me.)

How old is your bub and what do your own doctors say about Chloes's condition?

I'll give you all the help and support that I possibly can.

Best wishes

Gill

Hi Gill

Thanks for the reply. We have applied for the 136 skilled independant visa, we sent our application off on may 11th 2007 with the Visa Bureau, we have had a request for more information on chloe (we have had our medicals and hers was obviousley not satisforctory) as she showed delays on her milestone assessments, she has had help from a speech therapist and portage worker and will see a child psychologist on monday, we are terrified that autism (somewhere on the spectrum) will be diagnosed although we are sure that it is just a speech problem as we have read everything we can find on the subject, we also know that autism is one of the medical reasons that your visa can be refused. Any advice would be most appreciated.

Thanks

Kate & Jay

[Life on easy street]

This is one of the things i do not like about the Australian government

Every child develops at different rates just because your child
speech is slightly behind the normal range should not be a problem
with intensive professional training this can be improved.

Hears hoping for a fair minded doctor.

[Gollywobbler]

Hi Kate & Jay

I'm no medical expert and I have no children, so I know practically nothing about children and the sort of conditions they can be born with and/or develop.

However, Robinson ought to lift your spirits and there is NO way you've had time to read it as yet!!

Try to relax and make sure you read Robinson before you see the meedical expert, I would suggest.

One more thing I can tell you is that the Medical Officer of the Commonwealth sends visa applicants to specialists at the drop of a hat. It isn't that they only want picture-perfect specimens of humanity. It is more that they want to know exactly what all visa applicants might have wrong with them before letting people in. Visa refusals on medical grounds really are pretty rare.

When you read Robinson, you will see reference to Public Interest Criterion 4005 of the Mig Regs. The Policy documents which underpin it indicate that DIAC consider that a condition that is llikely to cost $30,000 or so to treat or provide other help for within the person's first 3-5 years in Oz is deemed to be "significant." There was no evidence that the Robinson child needed any particular help at all. let alone significantly expensive help.

What is a "speech delay" with a 2 year old? When do children normally start talking? Surely the probability is that Chloe's "speech delay" is something she will grow out of naturally?

Stay calm, chooks.

Best wishes

Gill

[Gollywobbler]

PS: What is a "portage worker?"

Gill

[J.and.K]

Originally Posted by Life on easy street

This is one of the things i do not like about the Australian government

Every child develops at different rates just because your child
speech is slightly behind the normal range should not be a problem
with intensive professional training this can be improved.

Hears hoping for a fair minded doctor.

Thanks for reply! We think she is just a bit behind with her speech nothing more... it does happen. we have our finger crossed for Monday!
Thanks
Kate & Jay

[KazzE]

Hi J and K

I would not panic if I was you, I think global development delay is a more serious condition and could, and this is a big could, mean that the child is unable to support themselves when they get older and so has the potential to become a burden on the Oz government - having said that it sounds from thier posts the thier DD does not have severe delays and is progressing well, unfortunatley they are at the mercy of the medical expert who gets thier case and if they do not have much knowledge then they could come to the 'wrong' conlcusion.

Do you have an agent? why not try contacting the agent suggested, it sounds like they have good knowlege on medical issues.

I am sure you already have, but if I was you I would try gather as much info about your DD prognosis (?) get as many postive expert opinions as you can.

Your DD speach delay is not in the same category I am sure, but as I said try and get some professional advice, if nothing else it will put your mind at rest.

Take care