This story by Andrew Woo (Lawyer and Migration Agent) illustrates that a permanent visa may not always be the answer to all migration options.
BACKGROUND INFORMATION:
In early 2018, Andrew first met his clients who were in their 60's in conference with their two children who had immigrated to Australia and led successful careers in the medical profession. One of the children became very emotional when trying to recount a tragic event that had occurred to her parents a few months earlier. Andrew was told that his clients came to Australia on a visitor visa to provide support to their eldest daughter who had just given birth to her first child a few months earlier. Andrew's clients had been for an early morning walk when they were seriously injured by a motor vehicle whilst crossing a road on a designated pedestrian crossing. As a result, Andrew's clients, especially the wife, suffered multiple injuries including a traumatic brain injury, potentially requiring long-term rehabilitation in Australia. This meant that they would need to find ways to stay in Australia for a long period of time not only to receive treatment but also to receive support from their children as they attempted to recover from their injuries.
INITIAL ADVICE
Andrew carefully reviewed a number of medical reports from his clients' treating doctors and concluded that his clients (especially the wife) would not satisfy the health requirement for any aged parent visa. Nonetheless, Andrew recommended to his clients that they apply for a Contributory Aged Parent Subclass 864 visa after fully making them aware that it would most likely be refused in the end by the Department of Home Affairs. It was Andrew's advice to appeal this decision in the AAT should the visa application be refused. Andrew carefully explained to his clients the process of how a Merits Review before the AAT would work and how he had hoped to secure a recommendation from the AAT for Ministerial Intervention.
REFUSAL AND AAT APPEAL
As anticipated, Andrew's clients received a refusal decision on the basis that the wife did not satisfy the health requirement for the parent visa they had applied for. Shortly thereafter, Andrew submitted their application for review in the AAT. A review hearing was held a few months later before a member of the AAT. After reading Andrew's extensive arguments on the unique and exceptional circumstances of this case, the AAT member agreed that Andrew's clients' application was deserving of Ministerial Intervention.
MINISTERIAL INTERVENTION AND FURTHER REPRESENTATION MADE
Andrew's plan met a roadblock when the ministerial intervention unit declined to exercise their discretion in favour of Andrew's clients on the basis that there was a Medical Treatment Visa option still available to Andrew's clients. After further consultation with his clients, Andrew learnt that it was not necessarily the permanent parent visa they needed as long as they could remain in Australia with their children and receive ongoing treatment required for the next 10 years or so. Andrew put together various documents to submit an application for a Medical Treatment visa. Subsequently, Andrew's clients were approved Medical Treatment visas for 10 years with no travel facilities. The visa with the travel restrictions attached was not suitable to Andrew's clients as they knew that they would want to travel overseas from time to time to spend time with other family members. Andrew made further extensive representations both to the Ministerial Intervention Unit and the Unit processing Medical Treatment Visas. We are very pleased to report that Andrew's clients were able to obtain long-term Medical Treatment visas with multiple travel facilities. Although Andrew's clients were not successful in obtaining permanent parent visas, his clients and their children were overjoyed with the outcome.
TAYLOR & SCOTT'S OFFER TO YOU
Our expert in immigration law, Andrew Woo, has helped numerous clients with a range of medical conditions achieve their dream of migrating to Australia. Andrew understands how to navigate the complex health issues and formulate a migration plan to meet your needs.
We invite you to contact Andrew Woo by phoning 1800 600 664 or emailing Andrew at info@tayscott.com.au
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