Historic Migration Breakthrough for Clients

Historic Migration Breakthrough


Family migration to Australia is always a complex and challenging task. It is especially difficult if one of the family migrating has a serious medical issue.

Australia’s migration laws prevent visas being granted to partner visa applicants if any family member has a disease or condition that will incur for the community a significant cost unless an argument that there are compelling or compassionate circumstances in each particular case is accepted and the health test in migration law can be ‘waived’.

Grant, from a suburb in Adelaide, sponsored his new wife Maricel from the Philippines and her two children but knew that the prospects of success in the partner visa application were not good. His Australian son from a previous marriage had a moderate level disability due to ASD (autism spectrum disorder) and Maricel’s own son also had ASD of the same level of disability.

A visa application can be refused on health grounds for any cost to the community (assessed by the Government’s medical officer) above $40,000. In the case of Maricel’s son the assessed figure was $3.972 million! As far as is known no health cost estimate of that size had been accepted and a health waiver granted without the special intervention of the Minister for Immigration and after years of struggle and expense.

Taylor and Scott and our Consultant Lachlan Riches have successfully handled many health waiver cases over the past 20 years but none was as challenging as Grant and Maricel’s case. After working closely with the family to establish the most compelling and compassionate arguments Lachlan prepared a detailed submission to the Department.

Health waiver matters of this size are examined by the Immigration Health Branch of the Department in Canberra as well as the migration staff at the Embassy (in this case in Manila).

The careful and expert work paid off. In a real ground breaking decision the health waiver submission prepared by Taylor and Scott was accepted by the Department and the visas issued for Maricel and her children to come to Australia. There was no long and expensive delay involving an appeal to the Administrative Appeal Tribunal and then, probably, a personal appeal to the Minister.

The family is now here and reunited. Maricel’s son can get the early intervention care he desperately needs to maximize his potential that was absolutely unavailable to him in the Philippines.

Taylor and Scott are proud to have helped change Grant and Maricel’s lives. Our migration staff Lachlan Riches and Andrew Woo may be able to do the same for you if you or your loved ones have complex migration problems such as health issues.

If you need assistance, please contact us on 1800 600 664 or complete the Contact Form on this page.

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