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A QUESTION FOR PHIL RE: PARENT MIGRATION


Guest abeattie

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Guest abeattie

Hi Phil,

 

I noticed you have given some advice on various migration issues and hope you dont mind me asking you this;

 

We would love my mother and father to move out to oz with us (we moved to melbourne 13 months ago) my mother however has cancer, she has not been given any kind of time left, she had breast cancer that then went to the bone and more recently in the year we found out it had gone into her liver. Having said all the above she could live until she is 80, she has treatment for her bone cancer which keeps it at bay and now also has teatment for her liver cancer which also keeps it at bay (she has undergone chemotherapy which has now finished and grately reduced her cancer) I have a brother that still lives in the UK other than that there is no other family there,.

 

So my quesion is what are the chances of us getting them a visa to live here with us ?

 

Look forward to your reply,

 

Regards,

 

Sean & Angie

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Guest Gollywobbler

Hi Sean and Angie

 

My mother obtained a Contributory Parent visa a few months ago. Because she is in her 80s and is physically dsabled due to a back-injury, we were not sure whether she could get through the Meds. As a result, I read everything I could get my hooks on about the medical criteria for migration, because my sister in Oz kept saying that she had heard that only the super-healthy succeed. There was no point in chucking money at the application if Mum would not be able to get through the meds, we felt, because although there are Ways & Means in some cases, those Ways were unlikely to work on our own set of facts.

 

To be honest, based on what I've read (and bearing in mind that I am not an expert on this stuff at all) I don't think your parents' chances would be good. Please see this link:

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Guest Gollywobbler

Sorry, I clicked the wrong button just now!

 

http://www.austlii.edu.au//cgi-bin/disp.pl/au/cases/cth/MRTA/2005/424.html?query=Contributory%20Parent%20+%204005

 

If you read a couple of the cases, you will get an idea of how the decision-making process works with the medical stuff.

 

The cases are NOT enough by themselves. What they do is to provide the general gist but really no more. Once you understand that a little, there are solicitors and migration agents who specialise in the medico-legal aspects of migration.

 

PM me if you would lke further info about how we went about things for our own mother.

 

Best wishes

 

Gill

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Guest Phil Olsen

Hi Sean and Angie

 

Sorry I haven't responded - been having a break.

 

The main test is if the applicant is likely to be a burden on the Australian health system. Given that your mother has cancer, it would appear that she would need treatment here. and would not pass that test.

 

Having said that, I have sen cases of long term health issues being let through, but the appeal process was long and arduous.

 

Perhaps medico legal lawyers can assist in this one, but on the face of it, it would seem that chances appear slim.

 

Regards

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