AR LAW Services was recently approached by a woman who’s life had been “almost destroyed” by her migration agent’s lack of knowledge and incompetence.
This woman’s partner visa – the application was for her aging husband of 20 years – was to be refused because he had very very poor health: he was a sick man; he was an old man.
Her migration agent, who had no experience in health waiver appeal matters and frankly no idea how to do his job kept sending ‘sad story’ letters to the department (DHA). This incompetent migration agent (he called himself a “migration consultant”) was basically begging DHA to grant the visa. It was an embarrassing and sad joke and completely ineffective – a waste of time.
So by the time she (the client) eventually came to AR LAW Services: Master Migration Lawyers, she was a wreck – deeply depressed and certain the visa application would fail.
But as I explained to her at the time and will say now: a visa application is a legal process it is not about “hoping” it is about the law and about understanding how the law (the Act, the regulations, the policy and the jurisprudence) works.
Her husband’s problem turned upon the fact he was very sick and old. Consequently he failed the health test therefore prima facie he could not be granted the visa.
However there is a power in PIC 4007 – a discretionary power – that enables a very sick person to still, in certain circumstances, be granted a visa.
Once retain AR LAW Services went to work proving and convincing the department that although the visa applicant was indeed a very sick and old man, due to other mitigating circumstance, he should still be granted the visa.
And after a significant “fight” the department agreed and the visa was granted.
So if you or anyone you know has had a visa refused on HEALTH GROUNDS or has issues regarding PIC 4007, or how to argue a health waiver appeal make an appointment with a Master Migration Lawyer.
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Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page
