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Medical condition prevents family getting PR

Medical condition prevents family getting PR

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Old Oct 30th 2008, 7:26 pm
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Default Medical condition prevents family getting PR

Interesting one that has just hit the news.

the family are in Victoria on a 457, but their son has failed the medical for PR so they have to leave.

http://www.news.com.au/story/0,27574,24579702-2,00.html
"
.....the Department of Immigration and Citizenship this week rejected an application from Dr Moeller and his family for permanent residency because his 13-year-old son, Lukas, has Down syndrome and does not fit the bureaucracy's health criteria.
"
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Old Oct 30th 2008, 7:43 pm
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Default Re: Medical condition prevents family getting PR

He does have the right of appeal though and we do see cases like this from time to time but they are usually resolved and the papers never bother to tell us when that happens.
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Old Oct 30th 2008, 8:02 pm
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Default Re: Medical condition prevents family getting PR

Originally Posted by Pollyana
Interesting one that has just hit the news.

the family are in Victoria on a 457, but their son has failed the medical for PR so they have to leave.

http://www.news.com.au/story/0,27574,24579702-2,00.html
"
.....the Department of Immigration and Citizenship this week rejected an application from Dr Moeller and his family for permanent residency because his 13-year-old son, Lukas, has Down syndrome and does not fit the bureaucracy's health criteria.
"
yes ive already read this

it dosnt make much sense when they are screaming out for doctors and as his son has downes its not like its likely to be degererative and cost the healthcare industy ?? the doctor as already offered to pay any medical costs, perhaps ( hopefully ) it being in the press will give cause for them to rethink this decison ???
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Old Oct 30th 2008, 10:09 pm
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Default Re: Medical condition prevents family getting PR

It just goes to show that the immigration process lacks any flexibility and that common sense is not applied. Australia is desperately short of Doctors etc especially in non urban locations it makes zero sense to reject the family on the grounds that the son might be a financial burden in the future. It also stinks on moral grounds. How can you let somebody (particularly a child)into the country in the first place with a medical condition that you know will automatically exclude them from staying permanently? At the very least Immigration should have made this clear to the family when they first arrived.
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Old Oct 30th 2008, 10:15 pm
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Default Re: Medical condition prevents family getting PR

While I don't like the decision anymore than most of you, surely the doctor had to knoe the requirements for a permanent visa before he applied. Just because they were on a temp visa doesn't excuse them of the requirements when going for PR. In the article it seems like it's portrayed as a shock that this has happened, whereas I think they likely knew this would be a problem and hoped it would be ok.

However..... from one I saw in that one article I didn't really see a drain to the system. I do think the decision was wrong and I hope they are allowed to stay.
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Old Oct 30th 2008, 10:26 pm
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Default Re: Medical condition prevents family getting PR

Originally Posted by comet555
While I don't like the decision anymore than most of you, surely the doctor had to knoe the requirements for a permanent visa before he applied. Just because they were on a temp visa doesn't excuse them of the requirements when going for PR. In the article it seems like it's portrayed as a shock that this has happened, whereas I think they likely knew this would be a problem and hoped it would be ok.

However..... from one I saw in that one article I didn't really see a drain to the system. I do think the decision was wrong and I hope they are allowed to stay.
Children have to have a medical for a 457 though so it was probably a suprise that the child passed this medical only to then fail the PR medical. Perhaps it should be pointed out that the pass mark is different for the PR visa as I'm sure that the Department of Immigration are well aware that many people who enter on a 457 then seek to become Permanent Residents.
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Old Oct 30th 2008, 10:30 pm
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Default Re: Medical condition prevents family getting PR

Originally Posted by steve`o
yes ive already read this

it dosnt make much sense when they are screaming out for doctors and as his son has downes its not like its likely to be degererative and cost the healthcare industy ?? the doctor as already offered to pay any medical costs, perhaps ( hopefully ) it being in the press will give cause for them to rethink this decison ???
I do understand this reaction but most people with disabled children will genuinely state this - they will offer to pay. It is not an option with immigration they grade the cost to Australia on the basis that someone cannot pay.

I have every sympathy for the doctor but the rules are clear - I hope he works through the appeal process and is successful but then again there are also thousands who do not have this opportunity from 457 they never get in the country in the first place and not right of appeal because of the rules on costs to Australia.
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Old Oct 31st 2008, 12:29 am
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Default Re: Medical condition prevents family getting PR

Most of the people who have commented here seem to be disgusted with their governments decision.

http://www.news.com.au/comments/0,23...2-1243,00.html

I hope that they are shamed into speedily reversing this decision.
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Old Oct 31st 2008, 12:41 am
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Default Re: Medical condition prevents family getting PR

We should be training OUR OWN doctors. Most doctors in Sydney city barely speak english and I'm supposed to trust them with my health?
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Old Oct 31st 2008, 12:48 am
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Default Re: Medical condition prevents family getting PR

That's true but to train a Doctor takes many years and people need medical care in the mean time. This Doctor is already here and working so where is the sense in deporting him?
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Old Oct 31st 2008, 12:50 am
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Default Re: Medical condition prevents family getting PR

Originally Posted by yanH
I hope that they are shamed into speedily reversing this decision.
If they do so, without good reason, they may aswell also stop requesting that all new migrants require a medical as part of the migration process.

Currently, visitors and temporary workers are allowed here without too much emphasis on health, when compared to PR applicants.

They must assess each case like this individually, otherwise, as I said above, no migrant would need a medical.

They do need to find a good reason, and hopefully his occupation will be sufficient.
 
Old Oct 31st 2008, 12:52 am
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Default Re: Medical condition prevents family getting PR

Originally Posted by yanH
That's true but to train a Doctor takes many years and people need medical care in the mean time. This Doctor is already here and working so where is the sense in deporting him?
We should have always been training our own. Howard cut back numbers to save $$$'s for his stupid budget surplus that has now been given to bludgers who don't derserve it.
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Old Oct 31st 2008, 12:56 am
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Default Re: Medical condition prevents family getting PR

Originally Posted by ABCDiamond
If they do so, without good reason, they may aswell also stop requesting that all new migrants require a medical as part of the migration process.

Currently, visitors and temporary workers are allowed here without too much emphasis on health, when compared to PR applicants.

They must assess each case like this individually, otherwise, as I said above, no migrant would need a medical.

They do need to find a good reason, and hopefully his occupation will be sufficient.
That's exactly the point I was making. There is a shortage of Doctors (in this case he is the only one in the community) and this should override the medical reason for rejection.

I was not suggesting the abolition of a medical examination. I do think however that the Temporary and Permanent Visa should require the same level of Medical Examination to differentiate based on visa type causes confusion and leads to this sort of suituation.
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Old Oct 31st 2008, 12:58 am
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Default Re: Medical condition prevents family getting PR

There may be a medical but is it assessed to the same requirements as a PR visa? I doubt that 457 visa medicals are assessed the same where as PR, where there can be no burden to the health system.

Correct if I'm wrong though, I'd love to know.

Either way, I do believe the doctor should be allowed to stay.

Although I don't think people should be allowed to pay for their own medical expenses if they are a burden. That would lead to a two tier system where rich people would be able to stay with their kids while not so rich people would have to leave. That just doesn't sit right with me, you should not be allowed to buy your way in.
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Old Oct 31st 2008, 1:02 am
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Default Re: Medical condition prevents family getting PR

Originally Posted by yanH
I do think however that the Temporary and Permanent Visa should require the same level of Medical Examination to differentiate based on visa type causes confusion and leads to this sort of suituation.
Temporary Visa holders are supposed to have medical insurance and pay their own medical costs, hence not being as strict with them.

Permanent Visa holders are covered by the Australian taxpayers for health costs, hence the medical requirements, to try to minimise excess future medical costs.

This doctor would have been aware of the risk of rejection due to this, especially being in the medical profession.
 


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