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Has anyone been turned down for a vias due to their child having Dyspraxia ?

Has anyone been turned down for a vias due to their child having Dyspraxia ?

Old Jul 17th 2008, 6:36 am
  #46  
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Our son is in a unit in a mainstream school, and his teacher has said that she does not think it is the most suitable placement for him but unfortunately unlike his primart school they do not have the facilities to place him in mainstream and give him the extra support that way.

As I have said most of his probalems have been due to years of neglect and abuse from the Bio mother, and over the three years he has lived with us he has shown vast improvemnets and each year he makes more and more progress.

This will hopefully be shown in the reports and future progress will also be taken into account.

It looks like th einfo they want is the same criteria they base intellectual benefits on so as I said earlier we will have to make sure he DOES NOT fit the criteria.

We have asked the Panel Doc to find a private Developmental psychologist as the NHS have been helpfull as ever:curse:

hope to hear some more today.

Quoll's advice and info has been of enormous help some of it we might not wanted to have heard but it has opened our eyes and I am nearly ready for the next stage of our fight for freedom from the UK!!!!

Eve x

Last edited by eve209; Jul 17th 2008 at 7:06 am.
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Old Jul 17th 2008, 6:42 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Originally Posted by edie209
I would just like to say thanks to those who have offered some support with this. I am personally feeling at an all time low wondering if we will ever get to Australia now, I just wish I had noticed the problems my son has earlier. Anyway we will let you know further developments.
Originally Posted by eve209
Quoll's advice and info has been of enormous help some of it we might not wanted to have heard but it has opened our eyes and I am nearly ready for the next stage of our fight for freedom drom the UK!!!!

Eve x

eve x
Good luck to you. Try to stay positive & focused & you will get there. There are people on this forum who have children with severe needs who have got through so try not to feel defeated.
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Old Jul 17th 2008, 8:41 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Originally Posted by eve209
Sorry to bring back such an old thread,

Our Son has Global Developmental delay, his med has been passed for furher assesssment and we will be asked for further medical exam, as yet we dont know what this is and have emailed to request information.

While we wait though has anyone had this with their child with learning problems?

We are assuming they would want reports from any specialists, GP etc?

Any info would be good jst to stop the OH panicing

ta

Eve x
Hi Eve,

I don't want to put a damper on things but I just wanted to warn you.

Our daughter has GDD and was turned down for her visa in Dec 2007. There was no specific reason given, just that she did not meet the health criteria 4005.
She has no medical requirements, except for bi-annual check ups with her paediatric consultant, she is statemented at school for about 10 hours a week of one to one and she was recently started on Ritalin to see if this helps with her learning capabilities.
She is 8 yrs old and is approximately 3 yrs behind her chronological age.

I'm so sorry to burst your bubble, but don't want you to go through the two years of hell that we did. Please feel free to contact me if you want any further info.

Wishing you all the luck I can.

Janie.
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Old Jul 17th 2008, 11:12 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

We have been advised now to support the Developmental psychologist report with other evidence of our sons capabilities.

Therefore, we will be asking for further more current information from his school, including a reference and their opinions on Ross' future, and a current Educational psychologists report, I will be also contact our local MP, family friend to see if he can kick the authorities up the backside a bit as they are never in a hurry and I AM!

An affidavit from his work experience placement, and affidavit from his Godfather who has had a close relationship with him throughout his life and has seen the changes and vast improvements in his life. We have also decided that we will pay for a private education in Oz, he only has two academic years left at school to the benefits would far out way the costs, hopefully this will help too.

Looks like we got our work cut out for us in the next couple of days and weeks.

Eve x
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Old Jul 17th 2008, 11:22 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Oh and I have looked at the health requirements and criteria as per the immigration act section 4005-4007 and I think we can satisfy these requirements.

Thanks for your input Janie, it is very much appreciated and I am sorry your daugher failed her med, have you appealed or made a new application?

From the information I have gained and gathered It would seem that as our child is nearly 15 and we can prove that he can look after himself and be independent hopefully we wont experience as many hurdles as you have. With and 8 year old it is obviously harder to envisage or predict how she will be at 15 or 18!

When our son was 8 many people wrote him off, he had extreme behavioral problems and had no extra help at school save a couple of hours one to one a week, his mother had neglected him emotionally and educationaly and my OH applied for residecny on this basis, it took us years to gain residency and we have social services reports outlining the suffering he endured, through the acrimonious proceedings and the way his mother treated him.

He has not seen his mother for three years and most of his problems have faded into obscurity.

Oh god I'll shut up now for five minutes!

Eve x

Last edited by eve209; Jul 17th 2008 at 11:27 am.
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Old Jul 17th 2008, 12:10 pm
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

We have yet to make a final decision on whether to submit a new application. Not sure that us or our bank balance can withstand the strain.

We did appeal the original rejection as there was nothing in any of Charlottes' reports to suggesst that she would be a burden on the Australian Community. However, it is not what they actually use now or in the future but what MIGHT be required. In other words, because no-one could guarantee that our daughter would be capable of holding down and job in order to support herself as an adult, she was rejected. (Same could be said of the entire population in my opinion. But there you have it...!)

I would be very interested to learn the outcome of your situation so please keep in touch.

Once again, best of luck.

Janie x
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Old Jul 17th 2008, 1:09 pm
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Originally Posted by janie.c
We have yet to make a final decision on whether to submit a new application. Not sure that us or our bank balance can withstand the strain.

We did appeal the original rejection as there was nothing in any of Charlottes' reports to suggesst that she would be a burden on the Australian Community. However, it is not what they actually use now or in the future but what MIGHT be required. In other words, because no-one could guarantee that our daughter would be capable of holding down and job in order to support herself as an adult, she was rejected. (Same could be said of the entire population in my opinion. But there you have it...!)

I would be very interested to learn the outcome of your situation so please keep in touch.

Once again, best of luck.

Janie x
I will definately keep in touch with you Janie as your decision sems to be unfair to say the least.

I am currently looking into us giving an 'assurance of support' and an affidavit stating that we will pay for private education, dont know how much thiswill helpbut I cant see how it could do any harm.

Eve x
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Old Jul 17th 2008, 1:45 pm
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

I have just found this

'Item 4005 means that when assessing the possible impact on community resources, the MOC does not have to prove that the applicant is likely to use the resources in question, only that he or she meets the medical criteria for the resources in question. This will not always affect the visa, because financial assets sometimes disqualify someone from receiving the benefits in question.'

B) In cases where Item 4007 applies, for example in spouse, child or interdependency and some humanitarian visa cases, the health requirement can be waived in certain circumstances. The Minister may waive the health requirement if:

(i) the applicant satisfies all other criteria for the grant of the visa; and
(ii) the Minister is satisfied that the granting of the visa would be unlikely to result in:
a) undue cost to the Australian community; or
b) undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.


thats it now i've got the bit between my teeth and am ready to take on the world

Eve x
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Old Jul 17th 2008, 4:38 pm
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

OMG Eve, where did you find that quote?

No-one even asked what our financial status was, if they had we could have told them that we own two properties (Mortgage free) to the value of £650K plus various other assets and accounts totalling some £100K. Surely that would disqualify our daughter from receiving benefits and therefore the situation of being a drain on Australian resources does not apply.

Now i'm bloody furious... Not once did anyone check to see if this was applicable to us, even when we offered to give an assurance.

You've started me off now. I'm jumping on your band wagon to take on the world.....

Janie x
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Old Jul 17th 2008, 10:29 pm
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Originally Posted by janie.c
OMG Eve, where did you find that quote?

No-one even asked what our financial status was, if they had we could have told them that we own two properties (Mortgage free) to the value of £650K plus various other assets and accounts totalling some £100K. Surely that would disqualify our daughter from receiving benefits and therefore the situation of being a drain on Australian resources does not apply.

Now i'm bloody furious... Not once did anyone check to see if this was applicable to us, even when we offered to give an assurance.

You've started me off now. I'm jumping on your band wagon to take on the world.....

Janie x
I dont think it is up to them to ask your financial status, I am looking into the possibility of giving a stat dec that we will pay for private education for the duration of our sons education and also looking into giving Assurance of support should he ever have to claim benefits related to his learning problems, not that I or the teachers or the Doc thinks that will happen. Also will have to have private health cover on top of medicare I would have thought.

We have found a specialist to do the report for us but will take about three weeks to interview, test, gather and compile all the info, we have 28 days so I think we may ask for extra time and then we have a further 21 days to post replies. The specialist will charge us about 1.5k/2k depending on how much of the gathering of info I can do myself.

My god there is light the end of the tunnel, I dont know if you can still appeal but I know you can make a fresh application, and if you investigate this all first you may get the Visa after all.

I have also found some info about prejudice so I will look into that also, the reasons you can challenge the MOC decision are

1 it is clearly not an opinion
2 there is doubt as to whether it is the actual opinion of the MOC for example it could be the opinion of a third party
3 the opinion goes beyond an assessment of whether the Visa applicant meets the applicable health requirement.

the MOC is rarely successfully challenged however, there are some avenues worth investigating, if the MOC oversteps the bounds of the regulations by claiming the applicant has a disease or condition which cannot be diagnosed with certainty, there also seems to be a position that the MOC can be forced to consider a 'hypothetical person' with a condition matching the applicants. Having said this I have discovered that the courts and migration review tribunal are extremely reluctant to overturn the MOC's decision so a fresh application may be a more beneficial and cost efeffectiveoute.

As I find more info I will let you know, I have emailed the Australian benefits agency about the Assurance of support.

sleep tight dont let the bed bugs bite.

Eve x x x
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Old Jul 18th 2008, 5:45 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

I will start a new thread, but does anyone know of a private school in adelaide or surrounding suburbs which caters for special needs kids?

ta

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Old Jul 22nd 2008, 4:31 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Ok I have had and email regarding the Assurance of support,

Looks like you have to be a permanent resident, and have a job in Oz to be able to do this and have sufficient realisable assets or lodge a bond. So in our case we wont be able to do this. Anyone with a relative or employee in Oz, willing to do this can though.

Eve
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Old Jul 22nd 2008, 9:58 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Blimey Eve, don't you sleep!

Any further forward with information gathering & appointments?
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Old Jul 22nd 2008, 10:25 am
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Originally Posted by sallyclaire
Blimey Eve, don't you sleep!

Any further forward with information gathering & appointments?

Nope! I never sleep accept when I am at work sh the boss is watching

Am speaking to the quack this afternoon so hope to have news of first appointment with the psycho quack

I am on a mission and the OH got hay fever and he is all bunged up and snoring like a pigI will sleep when weget to OZ!!!

Eve xx
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Old Jul 22nd 2008, 5:34 pm
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Default Re: Has anyone been turned down for a vias due to their child having Dyspraxia ?

Originally Posted by eve209
Nope! I never sleep accept when I am at work sh the boss is watching

Am speaking to the quack this afternoon so hope to have news of first appointment with the psycho quack

I am on a mission and the OH got hay fever and he is all bunged up and snoring like a pigI will sleep when weget to OZ!!!

Eve xx
At least you still have a sense of humour
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