is there any body refusal from medical process??(143 visa, kidney transplant)

[hakyeong]

hello every body

 

i wanna asking you about medical issue.

 

i had apply my parent visa 143 (Contributory Parent Visa)

 

and i got a few email from case officer (also M.O.C) they says my mom's health is not meet requirement for immigration.

 

my mom has kidney transplant about 16years ago. and she take medicine (no much price) and she go to hospital for a check every 2 months.

 

and my mom came to Aust for a health check like ultrasound.and meet 2 different renal specialist in Melbourne.

 

the Dr says everything is good and they wrote letter for immigration though me.

 

and i sent letter and other documents to Immigration office.

 

but i got a refusal letter several months ago, because my mom is not meet PIC 4005 (It has no waiver)

 

and they( M.O.C) says

 

"These services would be likely to include:

Medical services

Pharmaceuticals"

so. now i'm waiting for MRT

 

and i have met few immigration lawyer.

 

every lawyer give to me different says.

 

1. can't (because when i see web page of immigration, it's shown to me about renal disease.)

 

2. will be fail the MRT. so no need effort. and when i have eligible to write mail to Ministerial Intervention, must tell them how much need it the visa.

 

3. can (no guarantee, transfer money first) (and the medicine cost is under significant cost )

 

please help me. i'm doing my self for MRT. i need any information.

 

thank you very much.:twitcy:

 

 

 

reference.

 

 

If you apply for a permanent visa, the costs for your medical condition will be estimated over five years (or over three years if you are 75 years of age or older).

​Exception: If you have a permanent or ongoing medical condition and the course of the disease is reasonably predictable, the costs will be assessed over the time of your remaining life expectancy. This means that if you have a serious health condition you might meet the health requirement for a temporary visa, but you might not meet the health requirement if you then apply for a permanent visa

[blossom]

Use George Lombard. Don't represent yourself or you will fail. IF you have a chance George is the man who will get you through. Of course it will cost you though.

[MaggieMay24]

I agree with Blossom. If you want any chance of success, contact George Lombard. He specialises in immigration cases that have a medical issue. He'll tell you whether you should pursue MRT or whether it will fail.

[wrussell]

the Dr says everything is good and they wrote letter for immigration though me.

 

and i sent letter and other documents to Immigration office.

 

This was a mistake. The medical criteria are one of the most complex areas of migration law. Trying to do it yourself, or relying on a medical practitioner who is not fully cognizant of the regulations and policy is a recipe for disaster.

 

It is sometimes necessary to lodge an MRT review application, or for your representative to do so, before there is time to obtain the evidence for a considered professional opinion to be offered, so there is no harm done by you lodging.

 

When you received the 'Natural Justice letter', inviting you to comment on the health issue (if you did) was the time to consult a registered migration agent.

 

You might have closed off visa options by not consulting a registered migration agent before lodging a visa application, perhaps not.

 

May I suggest that you consult an experienced RMA without delay?

[Cal2]

Can be done, but it will depend on a lot and I mean a lot of factors -

1. the medication is expensive, there is no doubt about that, of that I am certain

2. they will want to know if the kidney fails - will someone else step up and offer theirs - i.e. live donor from a family member

3. it has to be ensured that your mum won't become a burden on the Australian health system - so what can she contribute, does she have specialist skills that Australia lacks

 

it has been done, but I don't know how old your mum is - so it's difficult to advise - definitely get a specialist immigration lawyer

 

good luck

 

Cal