Guest cazandkeith Posted January 24, 2009 Share Posted January 24, 2009 Hi Caz & Keith, Gill is correct in that migration agents won't have a clue. One word of warning: our agent (VB) took the money for the 175 application and the DIAC fee knowing, it turns out, that the chances of success were negligible (see below). Sharks closer to home. Our daughter (moderate learning difficulties) was assessed by a UK Panel Doctor as part of the 457 visa process but they are not batting for you at all. They simply report to the Medical Officer of the Commonwealth (MOC). Yes, these Aussies still like to claim to be part of the British Commonwealth when it suits them. I've consulteded a Migration Barrister in Australia (two actually) and have written to Chris Evans (the Immigration Minister) for clarification; his office responded with an explanation of the law. I'll try to make this clear but it doesn't make pleasant reading. The MOC is totally empowered to make the decision on rigid legal criteria which is based on a generic theoretical cost formula. If your child may cost the State more than around $20k over 5 years then this is considered a Significant Cost; all the formulae seem to trigger this clause. At this stage in the process there is no legal avenue of appeal by applicants or even of intervention by the government. The MOC consider medical costs and any other costs to the Australian community (Public Interest Criteria (PIC) 4006A); we failed on schooling cost estimates. The overall benefit that the family bring (skills, experience, trained at the cost of other countries' taxpayers etc) is not taken into consideration. A waiver MAY be granted which basically excludes the affected person from accessing state schools or medical support unless they pay. They say that this shows that they are not breaching a Convention on Rights for the Disabled but in effect this amounts to a constructive exclusion; schooling and medical costs are too high. My sponsoring employer has underwritten the waiver but the reality is that we have to fund the schooling and any medical bills, which is a deal breaker. The next stage for us would be to apply for Permanent Residency whilst in Australia. This would fail because the law does not allow any other outcome (same criteria). We then go to tribunal which would again fail for the same reasons (no idea why this tribunal exists). Only at this stage can you ask the Minister to intervene and even with a good lawyer the chances of success are not good. Australian migration law means that an application for a permanent (175) visa whilst offshore (outside Oz) will fail the MOC test every time. No other outcome is possible and there is no avenue of appeal whatsoever. I know exactly how dissappointing this is but you need to be fully aware of the situation before wasting hope and money on such a society. Cheers John i cannot beleive that in a supposed inclusive soceity this still occurs one would think that having to deal with just being 'different' was enough for both my son and our family without all the prejudices that come with it maybe we should just stick with our own country who at least dont pretend to be something they aren t thanks so much for your comments i thought the fly in our ointment would be trying to get my parents across with us not that my wonderful son ben would be such an issue thanks anyhow Link to comment Share on other sites More sharing options...
Guest burgledad Posted January 24, 2009 Share Posted January 24, 2009 C&K, I'm sorry to have been the bearer of unwelcome news but I wish somebody had pointed all this out to us two years ago. We could have saved ourselves two expensive family holidays down under (3 kids), visa fees, medical fees, deep dissappointment, loads of time and the indignation of having our beautiful daughter scrutinised by some backward fascists. Also, we could have been looking elsewhere. Some people do get round the health criteria but I've no idea how they keep their kids under the MOC radar. It's too late for us now because we are known to the MOC. Even the Minister's office believes that Australia upholds and respects the rights of the disabled (stated in a letter to me). They cannot see that their stance amounts to back-door discrimination. Basically, Australia is founded on a whole series of disciminatory principles (ask any Aborigine). If you are not young, white, healthy and skilled with English as your first language then don't bother because even if you do get in, you will not be welcome. The UK is very far from perfect but at least its society is founded on decent principles. The odd thing is that Australian citizens have no idea. We have been in many discussions with employers and schools and none had a clue that his was their country's attitude. Many have said it is Australia's other shame, the main one being the Aboriginal history. Their loss. Would you want to be part of such a society now you know? Keep moving forward. Cheers John Link to comment Share on other sites More sharing options...
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