daughterK Posted October 2, 2015 Share Posted October 2, 2015 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! Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted October 2, 2015 Share Posted October 2, 2015 I would advise you to contact a good registered migration agent Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 Thank you for that advice. I have a migration agent, this will be the test of whether they are good or bad! I was wondering if anyone on this forum had any experience to share with me on this matter. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted October 3, 2015 Share Posted October 3, 2015 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 Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 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. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 3, 2015 Share Posted October 3, 2015 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. Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 Great thanks i will consult him. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 3, 2015 Share Posted October 3, 2015 Great thanks i will consult him. The trouble is, you say you already have an agent. Most agents will not engage whilst you have another agent on board. Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 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. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 3, 2015 Share Posted October 3, 2015 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? Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 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. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 3, 2015 Share Posted October 3, 2015 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. Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 I am not wanting to have two agents act for me. I am going to a second lawyer/agent for his expert opinion, as he has been introduced to me as a Barrister and an expert in the area I need. Normal practice in Law. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 3, 2015 Share Posted October 3, 2015 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! Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 Thank you for your kind reply Nemesis. I am sorry for reporting his demise incorrectly! I am glad to hear is is alive and kicking, so hopefully he will be able to reply to the email I sent him earlier :-) Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted October 3, 2015 Share Posted October 3, 2015 (edited) 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 October 3, 2015 by Alan Collett Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 Thank you Alan, useful link. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 3, 2015 Share Posted October 3, 2015 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. Quote Link to comment Share on other sites More sharing options...
daughterK Posted October 3, 2015 Author Share Posted October 3, 2015 Of course. Quote Link to comment Share on other sites More sharing options...
Elaine&Chris Posted January 29, 2016 Share Posted January 29, 2016 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! Quote Link to comment Share on other sites More sharing options...
daughterK Posted January 29, 2016 Author Share Posted January 29, 2016 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. Quote Link to comment Share on other sites More sharing options...
daughterK Posted January 29, 2016 Author Share Posted January 29, 2016 My Dad was refused so my Mum was also automatically refused, which was tough, but that is the way it is. And for all the helpful people: No we can't reapply again with dad on a separate application-those days are well and truly over... Quote Link to comment Share on other sites More sharing options...
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