Rob Morton-Jone

Has there been many visas refused for people who have medical problems and/or criminal records?

worzel

I have wondered the same thing on many an occassion. I guess the trouble is that anyone who was refused will probably have given up on emigration and thus no longer be on here. We get stories of what problems people have had the led to Category B for medicals etc so we know what you can overcome but not what you can't.

I get the feeling that you would need to have done something very nasty to get refused on the grounds of character. Medicals are a bit different I think, though. TB is a complete stopper, and other infectious diseases too I think. The $20,000 cost pa limit also comes into play but, although many other things cause delay and extra costs they seem not to be stoppers.

Rob Morton-Jone

I have read on the forum that some who have got there PR visa's have got bad criminal records. Some who have even had prison sentences.

The offences have ranged from motoring offences to GBH to theft......

worzel

You must have heard the joke where a bloke tries to get into a nightclub and the bouncer asks him if he has any offensive weapons on him. When he says "no" the bouncer says "you'd better have this then" and gives him a knife. Maybe Australia works on the same principle. They are all descended from convicts after all

bridiej

LOL!

I would guess it depends how serious the crime is plus when it was. If you got done for GBH when you were 19 and you're now 33 and had nothing ever since I can't see why they'd refuse.

Rob Morton-Jone

I think that if you have been a good boy (or girl) for the last ten years, then visa grant should not be a problem

joveazey

Hi,

I know of somene (don't know him myself, I must add) who recently got a spouse visa even though he had criminal convictions for drug dealing (only class A drugs mind you).

Jo

Rob Morton-Jone

There are guidelines on the DIMIA web site which leave it quite open.

worzel

Lots of comments on this Rob? Got a guilty conscience?

Rob Morton-Jone

No worries!

Got a speeding ticket about ten years ago though.

fairgoes

This is something that affects our application in a big way, as our daughter has a rare metabolic condition. It is hereditary, but not infectious. It requires an expensive supplement every month. Can anyone explain what the $20 000 cost pa limit is? We have had conflicting opinions on wether we will get through, the doctor in Oxford that does the medicals said he didn't think it should be a problem. But some agents say they are not so sure.

worzel

This is not really an informed comment, but to start the ball rolling DIMIA assess a condition on not just risk to the current population but on whether you are likely to be a drain on the nation's finances. I think they stipulate that if your ongoing condition will cost the nation under $20,000 pa then they will let you in. If there is anything remotely unusual about your medicals they refer the application to a doctor in Sydney for further assessment. It seems the usual upshot from this is that they ask you to get extra tests done, perhaps at the same doc that did the original meds.

bridiej

I was dying to ask that but didnt want to just in case!!!

Georgias

Sorry the details are sketchy, but...

My agent told me that a guy in his early twenties from the US withheld information about having spent some time in jail (don't know for how long or what for, but I think it was something like Break+Enter) from his Partner Visa application and it was approved anyway.

He was living happily in suburban Brisbane until a few months later he got a knock on the door and was deported.

This agent also told me they could have tried to appeal it, and may have been successful, but they didn't have the funds for the legal fees.

Apparently this happened in the year after 9/11, and the US authorities took months and months to get through their paperwork and pass on the information to DIMIA, otherwise he would have been nabbed earlier.

I wonder how many people get detected and deported like this, after they've already settled in Australia.

spalen

On the medical refusal front

There is a public access website run by Auss Government listing appeals and giving quite scary details out , Ive lost the link, but you can search for medical rejection on it and appeals and read the full case and the appeal and decision etc.

This thing is nasty - I read one where it gave the name, address, etc, lots of personal details and refusal due to HIV + .... They really have this kinda data out on the web!.

Long and short of reading it was - the things that were rejected were serious - really serious, like advanced HIV as above. Plus lots of references to aged relatives trying as last-relative but with serious medical conditions.

I forget the link - I think I posted it on here somewhere if you want to search, but look and you will find. It is an auss government website , I guess because these form case law in immigration law they have to be publically avialable but Jeez... the details... One even had the poor guy's salary breakdown and what he was spending money on!.