Help please. 804 Refusal : appeal v medical visa

[Helsby9]

So my parents (82 and 84) have today had their 804 visa refused.They applied in March 2013 and dad took ill in October 2013. In September 2014 they requested medicals, but the Drs said that dad was too frail to undergo a medical. I emailed immigration and asked for advice on what to do, but they did not reply. The reason for refusal is that dad has failed to meet his condition of obtaining a medical within 28 days.Amazingly dad is still with us. Drs still say he cannot undergo a medical and every day is a bonus at this stage. We have lots of medical records to show these things have happened whilst he has been here, 17 seizures, a broken hip, catheterised.Originally when we applied we spoke to a nice man at DIAC who said not to worry if we failed a medical as we could then appeal on the grounds that they are aged parents and their health status can change while waiting for the application to be processed,The last lady I spoke to at DIAC recommended we apply for a medical visa.There is obviously a lot at stake. Which is the better option?Any advice gratefully received my head is whizzing.

[Blossom]

I would contact an agent who deals with medical visas. George Lombard is apparently very good.

Unfortunately the people on the immigration lines are far too well known for giving out false info.

I can't imagine there is any way they would grant a visa without PASSING a medical. Otherwise what is the point of even having everyone do them?

[wrussell]

So my parents (82 and 84) have today had their 804 visa refused.They applied in March 2013 and dad took ill in October 2013. In September 2014 they requested medicals, but the Drs said that dad was too frail to undergo a medical. I emailed immigration and asked for advice on what to do, but they did not reply. The reason for refusal is that dad has failed to meet his condition of obtaining a medical within 28 days.Amazingly dad is still with us. Drs still say he cannot undergo a medical and every day is a bonus at this stage. We have lots of medical records to show these things have happened whilst he has been here, 17 seizures, a broken hip, catheterised.Originally when we applied we spoke to a nice man at DIAC who said not to worry if we failed a medical as we could then appeal on the grounds that they are aged parents and their health status can change while waiting for the application to be processed,The last lady I spoke to at DIAC recommended we apply for a medical visa.There is obviously a lot at stake. Which is the better option?Any advice gratefully received my head is whizzing.

 

If it were only father, the remedy would be fairly straightforward. In the circumstances you have described, your best strategy would depend on mother's medical status.

[Helsby9]

If it were only father, the remedy would be fairly straightforward. In the circumstances you have described, your best strategy would depend on mother's medical status.

 

 

Thank you for your replies. I agree, and I need to secure mums long term future.

 

The lady at the immigration last week took one look at mum and said she won't pass a medical!!! (In that case she would just go on a medical visa too)

 

But to everyone else we think mum does well, she's independent and physically active. She did undergo a medical health check at the local GP to see if anything would come up. The GP thought she was marvellous and couldn't believe she doesn't need any medication. however, there was a trace of blood in her urine and scans show she has small cysts in her kidneys and pancreas, but it was decided as she is so well and doesn't have any symptoms to leave them alone and not do any further tests at this stage.

 

I'm not sure how this would go with an immigration medical.

 

im also worried about them going on a medical visa when there seems very little information available on how they work for applicants who fit into the "'over 50' and meet all the visa criteria except the health criterion' category."

 

Does anyone have one of these visas?

[Helsby9]

I would contact an agent who deals with medical visas. George Lombard is apparently very good.

Unfortunately the people on the immigration lines are far too well known for giving out false info.

I can't imagine there is any way they would grant a visa without PASSING a medical. Otherwise what is the point of even having everyone do them?

 

Thank you for your reply. Yes an agent with experience of appeals would be good.

 

i think he was suggesting that mum and dad would have passed the medical on application,but by the time their application was processed their health may have deteriorated as they were in their 80s.

 

I think that the immigration have realised this, they withdrew the 804 visa for a while and since the they have reintroduced it but now the medicals are done at the beginning of the process rather than at the end.

[wrussell]

Does anyone have one of these visas?

 

Some of my clients do.

 

This class of application might not be your best immediate strategy.

 

I suggest that you should stop taking advice from DIBP officers and consult a registered migration agent without delay.