Health Waiver – PIC 4007 – HIV case – Best & Ethical
Health Waiver – HIV – visa refusal – we sue dodgy (unethical lazy dishonest) migration agents Big HIV. Health Case win. AR LAW SERVICES: Master Migration & Litigation Lawyers secure a health Waiver for Client with HIV.
A client approached AR LAW Services when it was likely their Australian Visa was going to be rejected given they had tested positive to HIV. It was a health waiver case.
HIV (human immunodeficiency virus) is a virus, also known as a retrovirus. As the name suggests, it is a virus that attacks the body’s natural immune system.
Unlike other viruses like influenza or the common cold that stays in the body for a short time, HIV remains in the human system permanently. HIV and AIDS became a major public health concern in the ‘80s, though it is believed to have existed for a long time before that.
A simple blood test can reveal if someone has been infected with HIV. If someone has no measurable antibodies to HIV, they are referred to as HIV negative. Someone who does is referred to as HIV positive.
Under Australia Migration Law
Overview
We might be able to exercise a health waiver for applicants for some visa subclasses if a Medical Officer of the Commonwealth (MOC) finds they don’t meet the health requirement.
You must first meet all other eligibility criteria for the visa. We must then be satisfied that granting you the visa is unlikely to:
- result in a significant cost to the community
- prevent Australian citizens from accessing health care or community services in short supply
We can’t exercise a health waiver if you fail to meet the health requirement because:
- you have active tuberculosis
- your condition might pose a danger to the community
How we exercise health waivers
You can’t apply for a health waiver. Your visa officer will contact you to let you know you have not met the health requirements but a waiver might be considered.
We will ask you to:
- give us more information about why a health waiver should be exercised
- complete a formal submission template telling us why we should exercise a health waiver
We consider each waiver on a case-by-case basis. We will consider a number of factors when we decide to exercise a health waiver, including:
- whether you or any of your family members can lessen the potential cost of your condition and your reliance on our health care and
- any compassionate and compelling circumstances that support exercising a health waiver for you
Health waiver outcomes
We will continue processing your visa application if we exercise a health waiver.
We will refuse your visa application if we don’t exercise a health waiver. Your visa officer will let you know if this is the case.
Other Health Waiver Cases – Won by AR LAW SERVICES: Master Migration Lawyers
For more than twenty (25) years Mr Anthony Robinson has been regarded as an health and disability specialist in the area of immigration health waiver law: at Tribunal (AAT) and Federal Court level. As a leading immigration lawyer and having worked extensively in the area of health waivers, he has been an advocate in a number of high profile cases over the past two decades on behalf of migrants suffering from HIV, Down Syndrome, mental health issues and a range of medical conditions. Mr Robinson – the son of a medical doctor and a nurse – and married to a pediatrician has always been fascinated by medicine. It is from this knowledge of pathology that he serves him well in his legal advocacy in Health wavier matters. Examples of Cases won:
Health Waivers for Visas – PIC 4007 – Justice for Business Visa applicant who suffers MS: multiple sclerosis
Health Waivers for Visas – PIC 4007
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