VISA REJECTED BECAUSE OF DOWNS SYNDROME

Old Jun 23rd 2009, 11:44 am
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Default VISA REJECTED BECAUSE OF DOWNS SYNDROME

I have only just become a member of this site and hope it becomes helpful to me and my family xx
Tell me .. who doesn't have a dream ?? My partner and i have had a dream to live in Australia for 6 years now and wanted my son to live that dream also.
My partner was offered a job in australia this year which he accepted.. YAY. We never expected the hurdles that were to come in our way ! My son was diagnosed with downs Syndrome when he was 6 days old. He had 2 holes in his heart which were successfully repaired at 3 months old. To this day his health has been superb in all ways.
Me and my partner have fought over hurdles to get to this day, when we receive an email saying our subclass 457 visa application was rejected because of my son's medical condition, saying he doesn't meet the health requirements. This medical opinion is based on the potential costs of health care and community services in Australia. of course all our children will need some medical care in their lives but why discriminate a child because of his condition ? Who are they to decide whether my son will require medical attention ? and me and my partner would be able to fully support our son, ourselves without help of taxpayers !! we are taxpayers !!

We are utterly devastated at the decision and are aware that many families are facing the same problem. Is there not any answer ?? what do we do ?? who can we talk to ?? please please if anyone knows of any ANY information or has any advice it would be much appreciated xxxxxxx

Last edited by laurajayne7; Jun 23rd 2009 at 12:33 pm. Reason: wanted to say a huge pleeeeeeeeeease xx
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Old Jun 23rd 2009, 12:34 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

I am sorry you have not received the answer you had hoped for. Did you use an agent or did you go it alone? There are agents on this forum who post regularly and they have expertise in the area of medical issues. Alan Collett and George Lombard have been recommended by people of here. One of them is a specialist in medical cases but I am afraid I forgot which one it is.... I have a feeling it is George Lombard.

Good luck, I hope you find some way of realising your dream!
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Old Jun 23rd 2009, 12:36 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

thank you that really means alot xxxx will keep hope xx
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Old Jun 23rd 2009, 12:38 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

my partner had an agent in sydney who helped us .. as his job was on a sponsorship visa xx
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Old Jun 23rd 2009, 12:45 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Originally Posted by laurajayne7 View Post
I have only just become a member of this site and hope it becomes helpful to me and my family xx
Tell me .. who doesn't have a dream ?? My partner and i have had a dream to live in Australia for 6 years now and wanted my son to live that dream also.
My partner was offered a job in australia this year which he accepted.. YAY. We never expected the hurdles that were to come in our way ! My son was diagnosed with downs Syndrome when he was 6 days old. He had 2 holes in his heart which were successfully repaired at 3 months old. To this day his health has been superb in all ways.
Me and my partner have fought over hurdles to get to this day, when we receive an email saying our subclass 457 visa application was rejected because of my son's medical condition, saying he doesn't meet the health requirements. This medical opinion is based on the potential costs of health care and community services in Australia. of course all our children will need some medical care in their lives but why discriminate a child because of his condition ? Who are they to decide whether my son will require medical attention ? and me and my partner would be able to fully support our son, ourselves without help of taxpayers !! we are taxpayers !!

We are utterly devastated at the decision and are aware that many families are facing the same problem. Is there not any answer ?? what do we do ?? who can we talk to ?? please please if anyone knows of any ANY information or has any advice it would be much appreciated xxxxxxx

I am really sorry to hear about your rejection, but the rules are rules. They are very-very strict about health requirements here and that includes children.
Don't take it personally, they don't discriminate your child, but they follow the rules that are set out and they cannot make exceptions.
My suggestion is to speak to a migration agent, they have all the info.

I hope it works out for you. All the best.
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Old Jun 23rd 2009, 12:46 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Originally Posted by Janna and Nick View Post
I am sorry you have not received the answer you had hoped for. Did you use an agent or did you go it alone? There are agents on this forum who post regularly and they have expertise in the area of medical issues. Alan Collett and George Lombard have been recommended by people of here. One of them is a specialist in medical cases but I am afraid I forgot which one it is.... I have a feeling it is George Lombard.

Good luck, I hope you find some way of realising your dream!
Peter Bollard is the top guy for the medical side of things.

OP I'm so sorry you were rejected because of your son's health but DIAC do have to draw a line in the sand unfortunately and they go by expert medical opinion as to what illnesses/diseases etc will cost the taxpayer. People have had such decisions overturned so I'd definitely get on to him ([email protected]) and see if he can help.

Don't lose the dream.
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Old Jun 23rd 2009, 12:53 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

thanks for your advice and suggestions guys xxxxxxxxxx
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Old Jun 23rd 2009, 2:37 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Originally Posted by laurajayne7 View Post
I have only just become a member of this site and hope it becomes helpful to me and my family xx
Tell me .. who doesn't have a dream ?? My partner and i have had a dream to live in Australia for 6 years now and wanted my son to live that dream also.
My partner was offered a job in australia this year which he accepted.. YAY. We never expected the hurdles that were to come in our way ! My son was diagnosed with downs Syndrome when he was 6 days old. He had 2 holes in his heart which were successfully repaired at 3 months old. To this day his health has been superb in all ways.
Me and my partner have fought over hurdles to get to this day, when we receive an email saying our subclass 457 visa application was rejected because of my son's medical condition, saying he doesn't meet the health requirements. This medical opinion is based on the potential costs of health care and community services in Australia. of course all our children will need some medical care in their lives but why discriminate a child because of his condition ? Who are they to decide whether my son will require medical attention ? and me and my partner would be able to fully support our son, ourselves without help of taxpayers !! we are taxpayers !!

We are utterly devastated at the decision and are aware that many families are facing the same problem. Is there not any answer ?? what do we do ?? who can we talk to ?? please please if anyone knows of any ANY information or has any advice it would be much appreciated xxxxxxx

Hi Laura

Your employer/sponsor has a waiver option for the 457 visa. Depending on how they have worked out your costs, there may be better strategies for you. e.g. if the costing was for special school needs over the 4 years of the 457 visa of say A$20,000 per year, your emplyer may not be prepared to underwrite the A$80K potential costs. If you apply for a 12 month visa, then your employer would only need to underwrite A$20K costs which you could maybe undertake to pay your employer.

Longer term solutions e.g. permanent visa via ENS may require a 2 year stay on the 457 first. For the ENS there is a possible waiver of the cost requirement if there is benefit to Australia and the costs are not seen as "undue".

Currently only sponsored ENS positions in ACT, Victoria and Western Australia can be considered for a waiver.

Also see:

http://www.minister.immi.gov.au/medi...09/ce09039.htm

Australia seems to be prepared to get a bit flexible with cases like yours.

Regards
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Old Jun 23rd 2009, 3:57 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Originally Posted by welshtony View Post
Hi Laura

Your employer/sponsor has a waiver option for the 457 visa. Depending on how they have worked out your costs, there may be better strategies for you. e.g. if the costing was for special school needs over the 4 years of the 457 visa of say A$20,000 per year, your emplyer may not be prepared to underwrite the A$80K potential costs. If you apply for a 12 month visa, then your employer would only need to underwrite A$20K costs which you could maybe undertake to pay your employer.

Longer term solutions e.g. permanent visa via ENS may require a 2 year stay on the 457 first. For the ENS there is a possible waiver of the cost requirement if there is benefit to Australia and the costs are not seen as "undue".

Currently only sponsored ENS positions in ACT, Victoria and Western Australia can be considered for a waiver.

Also see:

http://www.minister.immi.gov.au/medi...09/ce09039.htm

Australia seems to be prepared to get a bit flexible with cases like yours.

Regards
hi
i just read this, dont know if it will help!
http://www.overseas-emigration.co.uk...view/1037/392/
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Old Jun 24th 2009, 10:20 am
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Originally Posted by angelajane75 View Post
hi
i just read this, dont know if it will help!
http://www.overseas-emigration.co.uk...view/1037/392/
I would think an official announcement from DIAC would be more helpful than a link to a migration agency.
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Old Jun 26th 2009, 11:32 am
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Originally Posted by Dorothy View Post
I would think an official announcement from DIAC would be more helpful than a link to a migration agency.
Did you read it? I think that link would be of some hope for the OP:

The new considerations have come to light in the wake of a controversial ruling in which Dr Bernhard Moller, who had spent two years working in the Australian healthcare system in rural Victoria, was refused permanent residency for his family as his son’s Downs Syndrome was considered to be an unwanted financial strain on the health service.

Senator Evans intervened and overturned the ruling, claiming that Dr Moller’s work in the community far outweighed the financial burden brought upon by his son’s disease.

Parliamentary Secretary for Disabilities and Children's Services, Bill Shorten, commented, “People with disability are capable of making important contributions to the Australian workforce and general community.”

He continued, “I welcome this inquiry as a chance to highlight this contribution and the need for an immigration policy that recognises the rights of people with a disability and their carers to be treated fairly.”
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Old Jun 27th 2009, 11:29 am
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

hi
myself and my family were turned down for a visa because of my sons learning disability in mar 2006, we felt gutted by their decision to refuse as he was a fit and healthly 16 year old with a LD , who didnt need any medical intervention,
it was hard to move on from that but we did, i could see both points of view as they did say he would be a burden on the medical services, even though he was fit and healthy.
Because of his severe disability at 18.5 he moved into a small care home for learning disabilities which gave him a lot more independence and at that point because he was very settled we decided to reapply without him, this was the hardest decision we have ever had to make, unfortunately 3 weeks before our visa was granted he sadly passed away, i guess what im trying to say plans change and things happen for a reason, although they often are hard to swallow but for some reason its seems our destiny i feel to move to oz.
sean
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Old Jun 27th 2009, 3:02 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Thats such a sad story. I am so sorry to hear of your loss. I very strongly believe that things happen for a reason. I hope you realise your dream. All our love

Last edited by Janna and Nick; Jun 27th 2009 at 3:08 pm.
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Old Jun 28th 2009, 2:17 pm
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Default Re: VISA REJECTED BECAUSE OF DOWNS SYNDROME

Originally Posted by laurajayne7 View Post
I have only just become a member of this site and hope it becomes helpful to me and my family xx
Tell me .. who doesn't have a dream ?? My partner and i have had a dream to live in Australia for 6 years now and wanted my son to live that dream also.
My partner was offered a job in australia this year which he accepted.. YAY. We never expected the hurdles that were to come in our way ! My son was diagnosed with downs Syndrome when he was 6 days old. He had 2 holes in his heart which were successfully repaired at 3 months old. To this day his health has been superb in all ways.
Me and my partner have fought over hurdles to get to this day, when we receive an email saying our subclass 457 visa application was rejected because of my son's medical condition, saying he doesn't meet the health requirements. This medical opinion is based on the potential costs of health care and community services in Australia. of course all our children will need some medical care in their lives but why discriminate a child because of his condition ? Who are they to decide whether my son will require medical attention ? and me and my partner would be able to fully support our son, ourselves without help of taxpayers !! we are taxpayers !!

We are utterly devastated at the decision and are aware that many families are facing the same problem. Is there not any answer ?? what do we do ?? who can we talk to ?? please please if anyone knows of any ANY information or has any advice it would be much appreciated xxxxxxx


I just wanted to say that the whole situation sucks and i really feel for you guys. I have a sister with Cerebral Palsy and when we made the decision to apply, we knew that my dad would never be able to come over permanently with us (on a parent visa) because Katy is his responsibility. Like you guys, she has been very fortunate with her health and has (touch wood), at 36 yrs old, been very healthy and medically fine, never required any medical attention. Its so frustrating when my dad could also pay privately for her should she require any future assistance if he made the move as well. Having lost my mum 8 years ago, and being a very close family, I had to make to decision as to whether to apply or not as I am currently Katy's full time carer. You've just got to seek the right advice and keep pushing if you want to reach that goal! Good Luck x
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