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Aged Parent Visa 864


daughterK

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My parent has been recently rejected on grounds of Dementia aged 90 but given 28 days to provide relevant documentation to MOC. Are there any precedents out there of successful challenges to an MOC decision that cites "Significant Health care costs"? My parent luckily has funds to support their own aged care. It has not been rejected due to services in short supply. Any help gratefully received!

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I have seen visas refused on health grounds multiple times. The issue is not necessarily the ability to pay for her or not. As far as they are concerned, she might have the ability to pay. But there is no way of making her do so once the visa is granted.

 

I would recommend one of the specialist agent to look at this such as George Lombard. George is a very well known agent who specialises in visas with health issues

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Many thanks for this suggestion. It appears that George Lombard in no longer in practice. He has no current google mentions and is no longer available on Facebook.

 

I didn't try Facebook but his company website, which I found via Google, looks current and up to date.

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The trouble is, you say you already have an agent. Most agents will not engage whilst you have another agent on board.

 

I am all for getting a second opinion! My agents here are Lawyers but not Barristers. The legal system has always worked by getting Opinion from legal specialists, so I hope that will work out for me here too.

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I am all for getting a second opinion! My agents here are Lawyers but not Barristers. The legal system has always worked by getting Opinion from legal specialists, so I hope that will work out for me here too.

 

It has got nothing to do with second opinions. I was saying that it is very doubtful that an agent will act for you when you have another agent already in place. Professional codes.

 

George is a lawyer, but migraton agents generally are not and equally lawyers might not be specialists in migration, did you definitely use a migration agent previously? Or just a lawyer? I am also puzzled that you say the visa has been refused but that you have 28 days to do something?

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It is completely about second opinions! I wouldn't buy a car without at least a second opinion. Many lawyers become migration agents. Similar skill set I guess. Ill let you know how I go with that. The Dept gives 28 days to provide other evidence to change MOC's mind before refusal is final.

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It is completely about second opinions! I wouldn't buy a car without at least a second opinion. Many lawyers become migration agents. Similar skill set I guess. Ill let you know how I go with that. The Dept gives 28 days to provide other evidence to change MOC's mind before refusal is final.

 

 

I will say it again. A migration agent is unlikely to agree to act for you whilst you already have another in place. That is all I have said. I am not talking about second opinions, I am saying that two agents cannot both act for you. Hope that clearer.

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Many thanks for this suggestion. It appears that George Lombard in no longer in practice. He has no current google mentions and is no longer available on Facebook.

George is most definitely still in the business. His company, Austimmigration, aka George Lombard Consultancy, comes up easily on Google and he was alive and kicking on facebook yesterday!

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http://www.border.gov.au/Trav/Visa-1/602-

 

Given your parent's condition I think you probably have a challenge on your hands successfully countering the views of the Medical Officer of the Commonwealth.

 

See the subclass 602 Medical Treatment visa details as a probable outcome here.

 

Note: "You can also apply for this visa if you are in Australia, have turned 50 years of age, and have been refused a permanent visa only on the grounds of health."

 

Best regards.

Edited by Alan Collett
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daughterK, have you checked that your current agent is MARA registered? Though there are lawyers who really know their stuff on migration, there are some who think that just because they're lawyers, they can handle migration matters - but they are generally not as well informed as a MARA registered agent, who makes his/her entire living from migration.

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  • 3 months later...

Hi daughterK just wondering how you got on with your Mum and her visa situation? My Mum too is about to have her 864 visa application refused as she 'does not meet health requirements' and wondering whether to try appealing or just go down the 602 Medical treatment visa route or do both, feeling very stressed with the whole situation!

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Hi Elaine and Chris, it is such a worrying situation isn't it. I decided not to appeal as what they said about my Dad's health was right. That was that an average person with his health status will need to be in aged care very soon and will therefore cost Australia too much in the "period" which is three years. Anything over $40,000 for three years is considered too expensive . It is also apparently extremely hard to overturn the decision, basically you have to show completely new evidence to show that the panel doctor misdiagnosed your Mum... but it can be useful if you wish to play for time.

 

We have not received our official "Refusal letter" even now, even though we had the preliminary notice in October... We are going to apply for the 602 medical treatment visa, but we have to get this letter first before we can apply for it, then we have 4 weeks to get it in.

 

Just one MAJOR thing that you will need to keep in mind. On the medical treatment visa people are still covered for reciprocal medicare, but there is no cover at all for aged care. This means that people are then up for the following IN FULL: $400,000, for the room in a facility, which is returned in full when people " leave" aged care (great euphemism...) and then nearly $100,000 a year to pay for the care and daily living fees. If you Mum can afford this then you will be fine. If anyone tells you differently, they are wrong, I'm afraid. I had to lead the aged care facility we have chosen through this process myself as they didn't understand themselves what " FULL FEES" meant! It means, No caps on fees and no claiming for anything.

 

Hope this is helpful. Best of luck. I feel for all of us....

 

I had a great discussion with George Lombardo in Sydney on the phone for $220. It was well worth the call for the information he gave me as a second opinion to my Migration Agent.

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