Parent likely to fail medical for APV804, but not fit to travel.

[Guest LottieB]

Hi

 

 

I am looking for some advice about my mum, I apologise for the long post, tia.

 

 

My mum is 81 and currently living with us and now has fairly advanced dementia. I am her only child and her only living relatives are myself and children (23, 21, 11 and 5months) and an elderly sister who has mobility issues in the UK. In 2009 I brought mum over to Aus after she had a hysterectomy to recover, she extended her visa whilst here, and passed her medical. She went back to the UK, but it didn't not work out so she came back in March 2010 before her tourist visa expired.

 

 

She applied onshore for the 804 Aged Parent Visa in April 2010 because she could not afford the contributory visa and also because it was such a long wait that expenses would be covered by the reciprocal agreement. Since then she has developed advanced dementia and recently had a short spell in hospital. We got a letter from DIAC requesting a medical, which she had today. The Dr has requested a report from a Geriatrician requesting a MMSE. Mum's dementia is rated 6 on the FAST scale. When we applied, her dementia was about 2 on the FAST scale.

 

 

I am aware that she will fail the medical and am wondering what options there might be. A lot of people have mentioned that as she is not fit to travel and that she has nowhere to go back to in the UK, that she will be allowed to stay on compassionate grounds.

 

 

I do not want to return to the UK, apart from the awful climate, not just the weather, it would mean leaving my eldest two here and disrupt my daughter's education, and downgrading it. My husband is an Aus, he does not have a UK visa, and really does not want to live in the UK.

 

 

We will be getting professional advice when the time comes but I was wondering if anyone has had similar experiences or any advice they can share? Thanks.

[Guest Kel87]

Sorry I have no advice but didn't want to read and run.

Im sure someone will have some advice shortly, wishing you good luck and hope that everything goes well for you and your mum x

[wrussell]

Consult an experienced RMA without delay.

[Gollywobbler]

Hi

 

 

I am looking for some advice about my mum, I apologise for the long post, tia.

 

 

My mum is 81 and currently living with us and now has fairly advanced dementia. I am her only child and her only living relatives are myself and children (23, 21, 11 and 5months) and an elderly sister who has mobility issues in the UK. In 2009 I brought mum over to Aus after she had a hysterectomy to recover, she extended her visa whilst here, and passed her medical. She went back to the UK, but it didn't not work out so she came back in March 2010 before her tourist visa expired.

 

 

She applied onshore for the 804 Aged Parent Visa in April 2010 because she could not afford the contributory visa and also because it was such a long wait that expenses would be covered by the reciprocal agreement. Since then she has developed advanced dementia and recently had a short spell in hospital. We got a letter from DIAC requesting a medical, which she had today. The Dr has requested a report from a Geriatrician requesting a MMSE. Mum's dementia is rated 6 on the FAST scale. When we applied, her dementia was about 2 on the FAST scale.

 

 

I am aware that she will fail the medical and am wondering what options there might be. A lot of people have mentioned that as she is not fit to travel and that she has nowhere to go back to in the UK, that she will be allowed to stay on compassionate grounds.

 

 

I do not want to return to the UK, apart from the awful climate, not just the weather, it would mean leaving my eldest two here and disrupt my daughter's education, and downgrading it. My husband is an Aus, he does not have a UK visa, and really does not want to live in the UK.

 

 

We will be getting professional advice when the time comes but I was wondering if anyone has had similar experiences or any advice they can share? Thanks.

 

Hi LottieB

 

I am so sorry to read about yours and your Mum's problems with the Meds.

 

There have been many cases where an elderly Parent has applied for an onshore visa and s/he has failed to meet the Health requirement. If the MOC (Medical Officer of the Commonwealth) says that the Health requirement is not met, DIAC must - by law - refuse the visa application.

 

The Parent (or, realistically, the RMA who is helping the family by this stage) lodges an *immediate* appeal to the Migration Review Tribunal. This has to be done pretty well immediately because I think that the time limit for lodging the appeal is only about 21 days. Therefore I agree with Westly Russell - don't wait until you receive the formal refusal. Get an RMA on board straightaway, I would suggest. The RMA can be ready to deal with the paperwork for lodging the appeal and so forth.

 

The chances are that the MRT would affirm DIAC's original decision to refuse the visa. However, considerable time elapses between lodging an MRT appeal and the MRT actually dealing with it. The Parent might not survive the wait for the MRT to stir its stumps.

 

However, if the Parent survives and the MRT affirm DIAC's decision to refuse the visa, it is not the end of the world. The MRT's decision to affirm DIAC triggers S351 of the Migration Act 1958. Under S351, it is possible to lodge an application for Ministerial Intervention. The application for MI is, in effect, an appeal directly to the Minister for Immigration. The Minister alone has the power to ignore the strict visa criteria if the Minister considers that it would be "in the public interest" to do so.

 

The Minister is unlikely to think that it would be "in the public interest" to grant your mother a visa. Again, though, the Minister's personal opinion doesn't matter that much because legally, the whole thing has become a game of tactics by this stage.

 

If the doctors say that their patient cannot travel, no airline willl carry him/her. Not even Qantas would do so and nobody, not even the Prime Minister, can overrule an airline in this situation. Effectively, then, the visa applicant is trapped in Australia by reason of ill-health and the Government has no choice but to accept the medical reality of the situation.

 

Applications for Ministerial Intervention usually take 4 or 5 years to be decided. Therefore between the date of the visa refusal and the Government's eventual conclusion that it has no choice but to accept that the visa applicant has been trapped in Oz by reason of ill-lealth, at least 5 or 6 years will have elapsed, often longer. It is unlikely that a dementia patient in his/her eighties will live for long enough for the whole of the legal process to be concluded.

 

DIAC simply grant a series of bridging visas that enable the old person to remain in Australia lawfully for the remainder of his/her natural life. This bit is not a problem.

 

This "drill" has been done literally dozens (probably hundreds) of times in the past. It works. There is no doubt about that - it does work. It sounds much more daunting than it actually is, too.

 

The trick is to find a really *good* RMA to give you a hand with the whole thing. You could do a lot worse than Westly Russell, actually. He has loads of experience, knows exactly what he is doing and he is very feisty. He lives and works somewhere in NSW, I believe. Please see the link below:-

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=728&FolderID=394

 

As an alternative, I would suggest George Lombard in Sydney. Again, George has tons of experience, he also knows exactly what he is doing and so forth.

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=4208&BackToSearch=True&FolderID=394

 

You are likely to have your own hands full with the practical job of looking after your mother. Therefore, I suggest, *delegate* the legal work to one of Westly or George. In your shoes, I would contact both of these men and make your decision based on which one you feel the most comfortable with. (In his posts on the internet forums, Westly comes across as being a bit spiky. However, I have exchanged several PMs with Westly over the years and he is not at all spiky in real life! He is also first rate in situations like yours.)

 

I don't know many RMAs in South Australia. George Lombard always used to recommend Libby Hogarth in Adelaide. However, I exchanged a few e-mails with Libby in 2010. She said that she has been no longer has time to deal witn many clients herself, so she delegates most of the work to her staff. Libby said that she has become involved with asylum seekers or refugees or something, which takes her away from "ordinary" client work. I do not know whether she would agree to see you for a consultation but her details are below:

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=3258&FolderID=394

 

Please do NOT despair. There is zero need for that, my girl! Please also try not to worry. None of the RMAs who I have mentioned would ever let a client down and all 3 of the ones I have suggested know more than enough of the relevant Law and practice to ensure that silly, careless errors would not occur.

 

Cheers

 

Gill

Edited January 6, 2013 by Gollywobbler
Amendment

[Toni]

Gill - you are lovely and very helpful. Lottie - I don't know anything about this but I do wish you well. I think Gill's comments make a lot of sense. I've worked in Government and truly if it ever came to the point that your mother needed to go back then you write to the Minister without hesitation. I've seen people do it all the time with some success and even if it is a delaying tactic then so be it - it buys you more time. Your mother deserves to be looked after by her only remaining family. It is a Human Right under the International Human Rights Charter to be able to look after your parents, children, siblings etc. I can't believe that they would be allowed to discriminate like that.

[Growler]

Sorry to hear of your situation! This is very sad. I exchanged emails with Libby Hogath last year and she is lovely, really helpful, and comes back to you everytime. If you need her email its on her site if not drop me a pm and ill send it to you. Im sure you will sort it try not to worry... and as always Gill your amazing x

[Guest LottieB]

Gill

 

Thank you so much for your reply, which confirmed my thinking on things.

 

As you said, by appealing, then going for MI if necessary, it is likely to become a moot point as Mum is unlikely to be with us that long.

 

I am actually in Perth, I originally posted in Pomsinoz, but was told to post here to see if you could shine some light. Would you recommend anyone here? I have posted in Perth Poms but have had no response so far, and as you said, I want to find someone who is experienced in this area. If not, I will try for the two you mentioned in Sydney, gives me a good excuse to go visit friends over East.

 

Thank you again

 

Charlotte

[Gollywobbler]

Gill

 

Thank you so much for your reply, which confirmed my thinking on things.

 

As you said, by appealing, then going for MI if necessary, it is likely to become a moot point as Mum is unlikely to be with us that long.

 

I am actually in Perth, I originally posted in Pomsinoz, but was told to post here to see if you could shine some light. Would you recommend anyone here? I have posted in Perth Poms but have had no response so far, and as you said, I want to find someone who is experienced in this area. If not, I will try for the two you mentioned in Sydney, gives me a good excuse to go visit friends over East.

 

Thank you again

 

Charlotte

 

Hi Charlotte

 

Thanks very much for your speedy reply.

 

Since you live in Perth, I'd change the game-plan with regard to which RMA. In Perth, I'd go to see Tony Coates at ISCAH:

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=5458&FolderID=394

 

Alternatively, I would think about Dave Brooking in Perth:

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=5751&BackToSearch=True&FolderID=394

 

Tony is based NOR and Dave is based SOR, I think. My sister lives in Jandakot, quite close to Jandakot Airport. Dave Brooking used to be a pilot in the RAF for many years, including a couple of years in the RAAF. He still has a pilot's licence and he now teaches flying, I believe, so I assume that he would want to live somewhere quite close to Jandakot Airport. (Jandakot is not Perth International Airport but, apart from saying this, I recommend Google Maps!)

 

I think you would be able to get perfectly competent help from either Dave Brooking or Tony Coates so, as usual, I would suggest that you should consider contacting both of them (and think about the local geogaphy etc) before trying to choose between them.

 

Much as you might like a trip to Sydney, I doubt that the legal situation with your mother could justify such an udea. You can get the legal work dealt with in Perth and then go to Sydney in order to have fun, I reckon.

 

Cheers

 

Gill

[wrussell]

hi lottieb

 

i am so sorry to read about yours and your mum's problems with the meds.

 

There have been many cases where an elderly parent has applied for an onshore visa and s/he has failed to meet the health requirement. If the moc (medical officer of the commonwealth) says that the health requirement is not met, diac must - by law - refuse the visa application.

 

The parent (or, realistically, the rma who is helping the family by this stage) lodges an *immediate* appeal to the migration review tribunal. This has to be done pretty well immediately because i think that the time limit for lodging the appeal is only about 21 days. Therefore i agree with westly russell - don't wait until you receive the formal refusal. Get an rma on board straightaway, i would suggest. The rma can be ready to deal with the paperwork for lodging the appeal and so forth.

 

The chances are that the mrt would affirm diac's original decision to refuse the visa. However, considerable time elapses between lodging an mrt appeal and the mrt actually dealing with it. The parent might not survive the wait for the mrt to stir its stumps.

 

However, if the parent survives and the mrt affirm diac's decision to refuse the visa, it is not the end of the world. The mrt's decision to affirm diac triggers s351 of the migration act 1958. Under s351, it is possible to lodge an application for ministerial intervention. The application for mi is, in effect, an appeal directly to the minister for immigration. The minister alone has the power to ignore the strict visa criteria if the minister considers that it would be "in the public interest" to do so.

 

The minister is unlikely to think that it would be "in the public interest" to grant your mother a visa. Again, though, the minister's personal opinion doesn't matter that much because legally, the whole thing has become a game of tactics by this stage.

 

If the doctors say that their patient cannot travel, no airline willl carry him/her. Not even qantas would do so and nobody, not even the prime minister, can overrule an airline in this situation. Effectively, then, the visa applicant is trapped in australia by reason of ill-health and the government has no choice but to accept the medical reality of the situation.

 

Applications for ministerial intervention usually take 4 or 5 years to be decided. Therefore between the date of the visa refusal and the government's eventual conclusion that it has no choice but to accept that the visa applicant has been trapped in oz by reason of ill-lealth, at least 5 or 6 years will have elapsed, often longer. It is unlikely that a dementia patient in his/her eighties will live for long enough for the whole of the legal process to be concluded.

 

Diac simply grant a series of bridging visas that enable the old person to remain in australia lawfully for the remainder of his/her natural life. This bit is not a problem.

 

This "drill" has been done literally dozens (probably hundreds) of times in the past. It works. There is no doubt about that - it does work. It sounds much more daunting than it actually is, too.

 

The trick is to find a really *good* rma to give you a hand with the whole thing. You could do a lot worse than westly russell, actually. He has loads of experience, knows exactly what he is doing and he is very feisty. He lives and works somewhere in nsw, i believe. Please see the link below:-

 

https://www.mara.gov.au/agent/ardetails.aspx?ud=728&folderid=394

 

as an alternative, i would suggest george lombard in sydney. Again, george has tons of experience, he also knows exactly what he is doing and so forth.

 

https://www.mara.gov.au/agent/ardetails.aspx?ud=4208&backtosearch=true&folderid=394

 

you are likely to have your own hands full with the practical job of looking after your mother. Therefore, i suggest, *delegate* the legal work to one of westly or george. In your shoes, i would contact both of these men and make your decision based on which one you feel the most comfortable with. (in his posts on the internet forums, westly comes across as being a bit spiky. However, i have exchanged several pms with westly over the years and he is not at all spiky in real life! He is also first rate in situations like yours.)

 

i don't know many rmas in south australia. George lombard always used to recommend libby hogarth in adelaide. However, i exchanged a few e-mails with libby in 2010. She said that she has been no longer has time to deal witn many clients herself, so she delegates most of the work to her staff. Libby said that she has become involved with asylum seekers or refugees or something, which takes her away from "ordinary" client work. I do not know whether she would agree to see you for a consultation but her details are below:

 

https://www.mara.gov.au/agent/ardetails.aspx?ud=3258&folderid=394

 

please do not despair. There is zero need for that, my girl! Please also try not to worry. None of the rmas who i have mentioned would ever let a client down and all 3 of the ones i have suggested know more than enough of the relevant law and practice to ensure that silly, careless errors would not occur.

 

Cheers

 

gill

 

rmoc??.......

[Gollywobbler]

rmoc??.......

 

 

Hi Westly

 

It is always lovely to hear from you, so thanks very much for your reply to me and Happy New Year.

 

I do not know whether it would be worth involving the RMOC with regard to LottieB's mother, so I decided to keep my own trap shut about the possibility.

 

There is an old (2001) MRT case involving an old lady called Mrs Stoney. The link is below:

 

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/MRTA/2001/5963.html?stem=0&synonyms=0&query=Aged%20Parent%20visa%20%20%204005%20%20%20Stoney

 

From the MRT report, my guess is that the decision not to offer the MRT any further medical evidence about Mrs Stoney was deliberate. I suspect that a decision to apply for MI had already been made and that the family just needed the MRT to affirm the visa refusal in order to trigger S351 of the Migration Act.

 

That said, times change and best practice changes with them. I have not been following PIC 4005 recently, so I don't know the up-to-date case law and so forth. Also, I know zilch about medical matters. From what LottieB says, it sounds as if her Mum's dementia might be getting worse pretty quickly.

 

I think that the only way I can really help is by encouraging LottieB to instruct a really good RMA as soon as possible, and then the RMA should be the person who offers the detailed advice.

 

Cheers

 

Gill

[wrussell]

Hi Westly

 

It is always lovely to hear from you, so thanks very much for your reply to me and Happy New Year.

 

I do not know whether it would be worth involving the RMOC with regard to LottieB's mother, so I decided to keep my own trap shut about the possibility.

 

There is an old (2001) MRT case involving an old lady called Mrs Stoney. The link is below:

 

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/MRTA/2001/5963.html?stem=0&synonyms=0&query=Aged%20Parent%20visa%20%20%204005%20%20%20Stoney

 

From the MRT report, my guess is that the decision not to offer the MRT any further medical evidence about Mrs Stoney was deliberate. I suspect that a decision to apply for MI had already been made and that the family just needed the MRT to affirm the visa refusal in order to trigger S351 of the Migration Act.

 

That said, times change and best practice changes with them. I have not been following PIC 4005 recently, so I don't know the up-to-date case law and so forth. Also, I know zilch about medical matters. From what LottieB says, it sounds as if her Mum's dementia might be getting worse pretty quickly.

 

I think that the only way I can really help is by encouraging LottieB to instruct a really good RMA as soon as possible, and then the RMA should be the person who offers the detailed advice.

 

Cheers

 

Gill

 

The best strategy might be to defer a final decision for as long as possible, without cutting off options.

 

A pro forma MRT application lodged with the stated purpose of triggering ministerial intervention would probably be dealt with fairly quickly. For self preservation, a RMA/lawyer would have to advise the client and the MRT that such an application application was pro forma.

 

It is interesting to note that:

 

1. in the face of an onshore visa refusal (other than partner) that a valid partner visa can be applied for onshore

2. the minister has recently intervened without the trigger

3. when they (DIAC) know they are stuffed they sometimes adopt a strategy of simply not processing an application

4. a representative can often have matters deferred more or less endlessly - I have come to the matter somewhat late - I am dealing with another matter on that date, my client is not well enough to give instructions, my client is not well enough give evidence, you failed to exercise jurisdiction and we will be seeking leave to appeal...

 

I have just had a sponsor die during the final stages of processing a carer visa application. I adopt the same moral/ethical stance as ministers for immigration - if it is legal and it suites me, I will do it.

 

If it is not legal I will tell clients/prospective clients why, and what they then do is up to them.

 

Happy NY

[Guest LottieB]

rmoc??.......

 

?

 

Gill,

 

Thank you so much for the names. Funnily enough, I have an old business card from ISCAH from way back when I was migrating, but can't remember why.

 

Dave Brooking is closest to us as we are very SOR and have given him a call first.

 

Charlotte

[Gollywobbler]

?

 

Gill,

 

Thank you so much for the names. Funnily enough, I have an old business card from ISCAH from way back when I was migrating, but can't remember why.

 

Dave Brooking is closest to us as we are very SOR and have given him a call first.

 

Charlotte

 

Hi Charlotte

 

I'm fond of Dave Brooking. He is very thorough, very beady and he would not let you down.

 

The best thing is to ask Dave Brooking to read this thread. He's a friend of mine so I'll send him an e-mail and ask him to do so.

 

Westly Russell, in his lengthy reply to me, has suggested some very interesting ideas. I don't know enough about Aussie Immigration law and practice to be able to judge Westly's suggestions but I am a lawyer in the UK. Therefore I know that if a practitioner is really experienced and really understands their subject matter properly, the proper practitioner often makes suggestions or devises a strategy that an amateur like me would not have known about or been able to devise.

 

You have queried Westly's question "RMOC?" The RMOC is the Review Medical Officer of the Commonwealth. The RMOC will re-do the original assessment of the visa applicant's meds and will consider any new medical evidence that the visa applicant might want the Migration Review Tribunal to take into account. If you appeal to the MRT, their staff would ask whether or not you want the RMOC to become involved but you are entitled to decline if you don't think it would be worthwhile.

 

In 2009/2010, the Joint Standing Committee on Migration held a major Public Inquiry about the way that disabled people are treated by Aussie Immigration Law. The Human Rights lawyers turned out in force and argued that the way the Aussie Govt treats disabled people for the purposes of immigration is a breach of the UN Convention on the Rights of Persons with Disabilities ("the CRPD.")

 

Australia has signed and ratified the CRPD but she did so under something called the "Optional Protocol." The effect is that the CRPD applies fully to anyone who already has a right to live in Australia permanently but it enables the Aussie Government to keep the Health requirement intact for Immigration purposes.

 

Reading the case reports via AustLii over the years, I have been struck by the remarkably high number of occasions when the RMOC seems to have overturned the findings of the original MOC doctor. Eventually, the JSCM summoned Dr Douglas, the Chief Medical Officer [of the Commonwealth of Australia] and got him in for an oral evidence session, which was reported verbatim in Hansard.

 

The JSCM had done its sums. They had found that the RMOC was declaring the visa applicant's meds to be fine on 51% of occasions when there has been an appeal to the MRT. The JSCM asked the CMO to explain this? Why was it that the RMOC appears to contradict the CMO so frequently?

 

The CMO said that in a startingly high number of visa applications, the visa applicant never submits any medical information for the CMO to consider. If the Minister for Immi has not been provided with any medical evidence to consider, the visa application must be refused. Dr Douglas said that the seemingly high number of "contradictions" by the RMOC are not actually cases where the RMOC has contradicted the findings of the CMO because the CMO has never seen any meds for Visa Applicant Bloggs.

 

There must be hundreds of people who just never get around to getting their visa meds done, I imagine, so they end up appealing to the MRT against a visa refusal that has only happened for technical reasons (non-submission of meds.) By the time it gets to the MRT, an RMA is also involved. The RMA insists that meds must be undertaken, which must then be considered by the RMOC, who advises the MRT that there is nothing wrong with the visa applicant's Health.

 

The JSCM was Chaired by a politician called Michael Danby during this particular Public Inquiry. He asked the CMO how many visa applications are refused because no meds have ever been submitted? Dr Douglas said he didn't know because his MOC team doesn't keep track of that. Presumably, DIAC were not keeping track of these instances either because, before long, the MRT's case-reports started recording whether or not visa meds had been submitted for consideration by the CMO. Presumably, Bureaucracy kicked the can down the road to and into the MRT's garden!

 

The link to the Public Inquiry is below. If you then click on "Public Hearings," Dr Douglas gave oral evidence during the two Public Hearings held in Canberra. Dr Douglas and the MOC team "live" at DIAC's Health Operations Centre in Sydney, professionally, so I suppose it was not difficult to get Dr Douglas over to Canberra.

 

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=mig/disability/report.htm

 

Whereabouts do you live, please? I've almost certainly never been to the relevant suburb but I can look on a map and YouTube is brilliant. Whenever I've been out to Perth to visit my sister, it is the same experience as always happens with Family Tourism. The family in Australia decide that the visiting relly must be taken to see X, Y and Z [places.] The visiting relly hasn't got a clue where these places are but the relly doing the driving zooms along to the place and there is no time to keep up on the map on one's knee!

 

Cheers

 

Gill

Edited January 7, 2013 by Gollywobbler
amendment

[Gollywobbler]

The best strategy might be to defer a final decision for as long as possible, without cutting off options.

 

A pro forma MRT application lodged with the stated purpose of triggering ministerial intervention would probably be dealt with fairly quickly. For self preservation, a RMA/lawyer would have to advise the client and the MRT that such an application application was pro forma.

 

It is interesting to note that:

 

1. in the face of an onshore visa refusal (other than partner) that a valid partner visa can be applied for onshore

2. the minister has recently intervened without the trigger

3. when they (DIAC) know they are stuffed they sometimes adopt a strategy of simply not processing an application

4. a representative can often have matters deferred more or less endlessly - I have come to the matter somewhat late - I am dealing with another matter on that date, my client is not well enough to give instructions, my client is not well enough give evidence, you failed to exercise jurisdiction and we will be seeking leave to appeal...

 

I have just had a sponsor die during the final stages of processing a carer visa application. I adopt the same moral/ethical stance as ministers for immigration - if it is legal and it suites me, I will do it.

 

If it is not legal I will tell clients/prospective clients why, and what they then do is up to them.

 

Happy NY

 

 

Hi Westly

 

Tnanks very much for your reply, above. As I have just explained to LottieB, my own amateurish interest in Aussie Immigration is not good enough or detailed enough for me to be able to understand most of your detailed comments.

 

For example, I've never been involved with an appeal to the MRT. I've always simply told the Original Poster, "The DIAC website is a doddle compared to the MRT-RRT website. I haven't a clue what one needs to do for an MRT appeal but I know that the time-limit for appealing is short, so please get an RMA involved without delay!" I then heave a sigh of relief when I hear that the OP has instructed an RMA.

 

I am particularly interested in your suggestion that a beady RMA might be able to get the Parents Visa Centre to defer making any decision about LottieB's Mum, based on her meds. Anything that will delay matters is probably worth doing, I suspect. It would save wear & tear on LottieB's nerves, for a start!

 

I adopt the same moral/ethical stance as ministers for immigration - if it is legal and it suits me, I will do it.

I could not agree with you more! I've always said, "I'm a lawyer. A lawyer is the poacher, not the gamekeeper. In the context of Aussie Immigration, the Minister is the landowner and DIAC is the Minister's gamekeeper. You won't find a good lawyer who will worry about whether or not the gamekeeper approves of the poacher's methods, my friend."

 

Cheers

 

Gill

Edited January 7, 2013 by Gollywobbler
typos

[Gollywobbler]

Hi again, Charlotte

 

This is just to let you know that I have now sent an e-mail to Dave Brooking with a link to this thread. I have asked him to read the thread, just to get the general gist of the problem and I have asked him to pay particular attention to Westly Russell's detailed reply.

 

If Dave goes walkabout, he always takes a laptop with him. So he will receive my e-mail within 24 hours even if he is not at home at the moment. You might want to e-mail him as well unless you have managed to reach Dave on the phone. If you want to e-mail him, the link is below:

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=5751&BackToSearch=True&FolderID=394

 

Cheers

 

Gill

[Guest LottieB]

Hi again, Charlotte

 

This is just to let you know that I have now sent an e-mail to Dave Brooking with a link to this thread. I have asked him to read the thread, just to get the general gist of the problem and I have asked him to pay particular attention to Westly Russell's detailed reply.

 

If Dave goes walkabout, he always takes a laptop with him. So he will receive my e-mail within 24 hours even if he is not at home at the moment. You might want to e-mail him as well unless you have managed to reach Dave on the phone. If you want to e-mail him, the link is below:

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=5751&BackToSearch=True&FolderID=394

 

Cheers

 

Gill

 

Thank you for contacting David for me, I really appreciate it.

 

We live in Armadale which is one of the most South Eastern suburbs in Perth.

 

I will give Dave a couple of days to have a read and will try to contact him again if I have not heard from him. We have not yet managed to get an appointment for Mum to see the Geriatrician, but are hoping that she will be seen in the next few days. I have returned Form A to DIAC informing them that the required police clearances have been applied for and also gave them the date for her medical, so hopefully they won't be breathing down our necks immediately.

 

How is Blighty? I am go glad I am here these days, the more I read the news, the worse it sounds.

 

Cheers

 

Charlotte

[Gollywobbler]

Thank you for contacting David for me, I really appreciate it.

 

We live in Armadale which is one of the most South Eastern suburbs in Perth.

 

I will give Dave a couple of days to have a read and will try to contact him again if I have not heard from him. We have not yet managed to get an appointment for Mum to see the Geriatrician, but are hoping that she will be seen in the next few days. I have returned Form A to DIAC informing them that the required police clearances have been applied for and also gave them the date for her medical, so hopefully they won't be breathing down our necks immediately.

 

How is Blighty? I am go glad I am here these days, the more I read the news, the worse it sounds.

 

Cheers

 

Charlotte

 

 

Hi Charlotte

 

Again, many thanks for replying so quickly.

 

I've heard of Armadale. I believe it is quite close to Jandakot and I remember going to a shopping mall that might have been in Armadale. Wherever the shopping mall was, there was a heat-shimmer coming off the ground when we got out of the car in the car-park for the place. It was late Feb/early March one year and I guess it must have been unusually hot in order to have produced a heat-shimmer. (Another year, I went out to Perth to visit my sister for Christmas. It was not particularly warm. Self lay on a lilo in Elaine's swimming pool, shivering, covered in goose-bumps but telling myself sternly, "There is a huge hole in the ozone layer right above Australia. Put up with this and you will get a rich chocolate suntan, however cold you might be. Think of Beauty, not Comfort!" )

 

Blighty has become a Third World country, only without the weather and the cuisine that can usually be found in any self-respectiing Third World country. Cameron is a clot and Gidiot is even dumber than the PM.

 

I agree with your approach to contacting Dave Brooking. Give him a day or two to read his e-mails and this thread and then pester him, I suggest. He has a daughter so he's used to being pestered by the Monstrous Regiment of Wimmin.

 

Meanwhile, I'm going to get cracking with Google Maps, Dave Brooking's address and YouTube, to get a better idea of where you are, where he is and what it all looks like.

 

Cheers

 

Gill

Edited January 7, 2013 by Gollywobbler
addition

[Guest LottieB]

Hi Gill

 

I haven't heard from Dave so am sending him an email today. Just wondering if you had?

 

Are you enjoying the snow and has everything ground to it's usual complete halt because of it?

 

Cheers

 

Charlotte

[Gollywobbler]

Hi Charlotte

 

Dave Brooking replied to my e-mail and I have sent you a Private Message, so please check your PM in-box.

 

I live in a village about 5 miles north east of Southampton town centre and about 5 miles due east of Southampton Airport, more or less. Round here, we've had more snow than I had expected. We are so close to the sea that snow doesn't usually settle etc but it has done so for the last couple of days. Southampton Airport was closed for most of the day on Friday. all the bus services into and around Southampton were also suspended etc. The local Councils seem to have had a big push to minimise the number of potential injuries and they have put lashings of grit all over the local roads and pavements, so although we have had quite bad snowfall, the whole situation has been far more sensible than it was in late 2010.

 

There was a documentary on TV last night about the Big Freeze between January and March of 1963. I can remember some of that very vaguely because my family actually lived in Malaysia most of the time but, back then, Dad's employers (Balfour Beatty) insisted that he must spend two years in the tropics followed by six months in a temperate climate. Dad had been sent on "home leave" in England that coincided with the Big Freeze. I was enrolled in a local primary school or something for the six months (aged 5) and I think Dad probably marched me to school and back every day because I can remember piles of snow that were taller than me and they seemed to be everywhere. I got the impression that this must be "normal" for England in winter.

 

A few years ago, I read both of Hannah Hauxwell's books avidly. Barry Cockcroft, the journo, had found Hannah Hauxwell living on her own on a remote farm up in the Yorkshire Dales. He ghost-wrote a couple of autobiographes for her and he also made a couple of TV documentaries about her, all of which were best-sellers. Cockcroft asked Miss Hauxwell about the Big Freeze in 1963 but she said that the winter of 1947 was worse.

 

I remember wondering why Miss Hauxwell's recollection was different from Barry Cockcroft's since they could both remember 1947? I discovered why last night! Apparently the winter of 1947 affected the north of England much more than the south but it seems to have been the other way around in 1963.

 

Cheers

 

Gill

Edited January 20, 2013 by Gollywobbler