URGENT advise:failed medicals on 190 visa due to significant cost of Humira injection

[Guest Topshe]

Hi All......failed medicals on 190 visa due to significant cost of Humira injection. Currently on natural justice 'invitation to comment' stage. However disease in remission hence specialist not agreeing on significant cost as he has recommended shifting to routine oral medication and treatment which has nominal cost. Hoping to get a letter from specialist with that prognosis and submit to MOC. I have two queries: 1) Since this a change in medical circumstances, do you thing there is chance that MOC might reconsider since now the significant cost is not there? 2) For chronic conditions is it AUD40000 for lifetime or is it AUD40000 for first 5 years and then calculate proportionately for lifetime? 3) If MOC does not change decision and Visa is rejected, what is the scope of ministerial intervention or legal procedures? Was hoping for some expert advise from Gollywobbler who has helped so many with her wonderful advise as seen in another forum...Is she active here? With two little babies (2 yr old and 6 months old) who were both born in Australia I need this residency to pursue my dreams here! Does anyone have word of hope here?

[Blossom]

George Lombard is the agent to head to for advice on this one.

[SWMBO]

Unfortunately Humira is very expensive $1774.57 for 2 injections.If this is a condition accepted for use of this drug it will be subsidized by the PBS so that it only cost the patient $36.90.But the actual cost per year for 1 injection a week is over $46000 a year.

I suppose it depends on weather they think that your condition is going to be in long term remission or likely to flare up in the short term.

[Guest Claire-n-tel]

How long is it since you have been off of the injections and controled with oral medications?....

 

Your specialist saying that you no longer need the medication as your disease is in remission is not significant if that has not been trialed as it will be seen as the injections have put you in/are keeping you in remission....

 

i am thinking that they would want to see that it had been a couple of years since you required the injections.

[Guest Topshe]

How long is it since you have been off of the injections and controled with oral medications?....

 

Your specialist saying that you no longer need the medication as your disease is in remission is not significant if that has not been trialed as it will be seen as the injections have put you in/are keeping you in remission....

 

i am thinking that they would want to see that it had been a couple of years since you required the injections.

 

 

Hi Claire,

 

Thx for your response.

 

Around 3 months on oral medications now.

So you think they would like to observe for a longer time? If yes, am assuming they would ask for another letter from my specialist after the observation period is over?

In the meantime what happens to the visa - do they refuse them & I need to re-apply. Or kept on hold during the observation period? Whats the process?

[Guest Claire-n-tel]

Hi Claire,

 

Thx for your response.

 

Around 3 months on oral medications now.

So you think they would like to observe for a longer time? If yes, am assuming they would ask for another letter from my specialist after the observation period is over?

In the meantime what happens to the visa - do they refuse them & I need to re-apply. Or kept on hold during the observation period? Whats the process?

 

Hi!....tbh i am just speculating but i would expect that they would want to know that your condition is well under control with out the injections and 3 months tells them nothing really.

 

As far as i know, if your visa is refused, for whatever reason, you have the right to appeal to the appeals tribunal, you have to pay to do this, almost $2000 i think, and they will review your application. as far as i know they can only then grant your visa if it was refused in the first place mistakenly, ie i don't think they can decide to 'overlook' a rule (like health requirement) If your visa discision is not overturned i think then you can ask the minister to look at your case.

 

The minister will only intervene if the are "unique or exceptional circumstances" if there are not then the appeal will not even be presented to him. I am not sure that an exsisting medical condition would fit into this.

 

There is a very short time to appeal a visa refusal and i think if you do not do so within that time you lose your chance to do so.

 

i don't think that your visa can be put 'on hold' until you are able to fulfil the health requirements i would presume that if it is refused and you wish to be considered at a later date that you would have to start a whole new application.

 

Are you in Australia now? I would suggest that you really nead to talk to a specialist migration agent who has lots of knowledge about visas and medical decisions

[TeeTMI]

It would be inappropriate for me to comment further on your personal case as I do not know all the details. But as a general comment:

 

Unfortunately the Health Requirement for the subclass 190 is not waiveable, therefore if after your submission you are considered not meet the health requirement your case officer must refuse the visa and the options thereafter are very limited.

 

It is not clear what visa you are currently holding, you might also look to see if you are eligible under pathways which do allow for a health waiver to be considered. Although even then compelling arguments as to why it should be considered would need to be provided should you fail the health requirement.

 

Best of luck

 

Tee