Special Consideration Given After Failing Medical Exams, One Family Spared From Deportation.
A family of four from Singapore has been granted Australian permanent residency after a health waiver approval.
Following the quiet changes on the health requirements (read more: Australian Visa Policy for Disabilities and Serious Medical Conditions Has Been Improved), the department has made a special consideration in allowing a Singaporean family to stay and avoid deportation.
Vanisre Rajasegaran, 18, is studying at Brauer College in Warrnambool in South-West Victoria.
Vanisre and her family, consisting of her parents and a younger brother, have moved from Singapore to Australia seven years ago.
Her younger brother, Vela, was just one year old they moved to Australia.
It has been years since the family moved to Australia, they consider Australia as their home away from home, they grew up in Australia as a proud member of the community.
Vanisre’s parents have been working in Australia since 2015. Her father, Manikam, works as a carer for the aged, whilst her mother, Premawathy, works as an early years coordinator with the local council.
Vanisre is a school captain at her school and has previously represented the state of Victoria on leadership competitions.
She was in the final months of her year 12 and is looking forward to sitting her final exams in October when the family received an unexpected news for the entire family from the Australian immigrations.
Their application for permanent residency was rejected due to his father’s health issue.
Manikam was diagnosed with a minor kidney illness during medical examination which was conducted as part of their permanent residency application.
Due to failing the medical examination, the family’s entire visa application was refused, even after father stated that he would not seek medical treatment or transplant as he does not want to burden Australia’s health system.
Unfortunately a declaration is not considered as sufficient proof for the immigration case officer to waive the health requirements and instead refusing their permanent residency visa applications.
Receiving such dreadful news, it quickly dawn on them how great this challenge is for Vanisre and her family.
They never thought that their application for permanent residency would be rejected as they know how much their family members contribute to the community in Australia.
They have been living there for years and for them, Australia is their home.
Seeking support, Vani decided to create a petition on Change.org to the Immigration Minister, Hon David Coleman MP.
The petition quickly went viral and she got support she needs online and also directly from her friends at school.
Her schoolmates has supported her, testifying how great Vani’s personality is and how she and her family has never stopped contributing to the community.
In the petition, as copied from Change.org, she stated :
…
“Our plea to stay comes from the disapproval of immigration because of my father’s health condition. However, my family and I have so much more to offer as we are genuine contributors to our community in country Victoria, Warrnambool.
“My father is so much more than his health condition however no considerations have been taken as to my father doing his best to improve his condition and even to the extent opting out medical treatments to avoid burdening the healthcare system. He shouldn’t have to do that just to keep his family in Australia.
“We have built a life here and we give back to the community. I have been a proud Victorian representing Victoria on national grounds in leadership competitions. My mother contributing significantly to the community through her role as an early years coordinator with the local council.
“My dad who goes beyond his duty of care to make the senior citizens final moments a meaningful ones a lifestyle coordinator. My brother who only knows the Australian way of life, his friends and school all here in Australia.
“This is a very stressful time for my family, and it is utterly disappointing that our contribution and participation in the wider community has not been considered. It is hurtful that of 18 and 8 years of age, my brother and I lead clueless futures when really at this age we shouldn’t be made to feel this way.
“It is upsetting that my father, who is the reason behind my success, is being penalised for carrying a condition when really, no one should be made to feel this way.
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Following the outpour of support and community outcry, the departments decision to refuse the visa has been overturned.
Legal provision on health requirements exemption
The Australian Migration Act (1958) and its regulations stipulate that almost all visa applicants need to meet Public Interest Criteria (PIC).
The health related PICs (4005-4007), more specifically, stipulate the health requirement that must be met before the grant of a visa.
To meet the health requirement and granted a visa, a visa applicant’s immigration medical examination results must be assessed and they must be granted a health clearance by a Medical Officer of the Commonwealth (MOC).
If the applicant has not met the health requirement, a visa cannot be granted unless a health waiver is available and exercised.
An exemption from health requirements means that the applicant can get the visa granted despite the fact that they fail the health requirements.
A visa health waiver can only be asked after a MoC has assessed that the applicant does not meet the health requirements and where the department is satisfied that the visa approval would be unlikely to result in undue costs or undue pressure on health care and community services.
The health requirements waiver is considered on a case by case basis.
ONE derland Consulting has quite a lot and varied experience when dealing with cases of visa violations.
Indah Melindasari as our principal migration agent is very experienced in dealing with similar cases.
Indah is also registered with the Australian Migration Agents Registration Authority (MARA) with registration number 0961448.
We are regulated in our professional practice and are bound by the profession’s Code of Conduct issued by the Migration Agents Registration Authority.
We understand that applying for a visa to Australia could get very complex. Indah Melindasari and the team at ONE derland Consulting will help you to understand what you have to do and also provide the best options for applying for your visa.
ONE derland consulting will take the time and compile all documents needed and guarantee that your application is 100% ready before submitting, ensuring a positive outcome for your visa application.
Get in touch through email to [email protected] or via phone to 08 9477 5831 (Perth), 02 9188 2065 (Sydney) & 03 9088 4114 (Melbourne). Talk to our experience team member on any queries you may have.
