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AR LAW Services  |  Lawyers & Consultants  |  Masters of Australian Migration and Visa Law

What to do when your visa is refused due to poor health? AAT & PIC 4007

As readers of this post will note I regularly appear at the Administrative Appeals Tribunal (AAT) and Federal Court. Much of that work has to do with Health or Character cases: PIC 4007 or 4020 Bogus documents or Cancellation or Refusal pursuant to s501 or s116.

This case is to do with a Health waiver appeal that is PIC 4007 and similar to the last post it is to do with HIV.  However unlike the last post which I won for the client at the Department level (that is the client applied for his visa but before making the decision the department of immigration wrote to the client and gave the client an opportunity to “reply” to the allegation.  The client was smart and retained AR LAW Services to intervene on his behalf and consequently we secured the health waiver and the client was granted the visa. Once again showing the value a Master Immigration Lawyer can bring to a visa application even at first instance)

This case the client applied for a visa – and was represented by a competent law firm – but the application was refused.  Following the refusal the client retained AR LAW Services: Master Migration Lawyers to appeal the decision to the AAT. (The case was further complicated given the applicant held a right to live in Country that is often viewed to be a similar living standard to Australia)

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.

The Case.

Following numerous submissions covering many relevant aspects of the factual matrix and application of the relevant jurisprudence, regulations and policy AR LAW Services successfully secured the waiver and the visa was granted.  Understandably the client was extremely relieved and happy with the result and AR LAW Services. Master Migration Lawyers.

So if you or someone you know has had a visa refused due to Health issues or has failed to secure a HEALTH WAIVER talk to us.

Or if you or anyone you know has an Australian Visa refused, rejected or cancelled due to police history or character grounds contact us to discuss your Appeal or Review options.

Remember TRUST ONLY a Master Migration Lawyer andmake an appointment with AR LAW Services: Master Migration Lawyer.

Book a Consultation

Call 03 9614 0218 or email to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

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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