Case Study

Overcoming the Health Requirement in a Permanent Visa Application

Health Requirements

About Our Client

Our client was a family of 5 (parents and 3 children), seeking to migrate permanently to Australia. The primary applicant was the father, Angelo, who was being nominated by his employer through the Employer Nomination Scheme via the Direct Entry stream.
Agents with Experience in ENS Direct Entry Stream

The Problem

One of the requirements for the grant of a subclass 186 visa is that each applicant passes the health test.

Through the course of gathering information and documents required for the application, we became aware that one of Angelo’s children, Jon, possessed a developmental disability. Specifically, Jon, who was 6 years of age, had been assessed as having a language developmental delay and needing extra assistance in certain social and learning environments.

This posed a potential problem in being able to pass the Department of Immigration and Border Protection (DIBP) health requirement, a prerequisite for a successful visa application.

Each applicant for a permanent visa is required to undergo a full medical assessment as a component of their application.

This assessment operates on a ‘One-Fail-All-Fail’ basis, whereby failure of any family member to satisfy the health requirement means that the entire family will be at risk of having their visa refused.

The Solution

Upon sitting the required medical assessment as part of the visa process, the Medical Officer of the Commonwealth (MOC) assessed Jon as not meeting the health requirement on the basis that the provision of health care or community services that would be required to treat the child’s developmental delays would result in a significant cost to the Australian community.

The DIBP outlined this in a letter which contained a breakdown of the estimated potential cost to the Australian community at $665,600. The DIBP provided 28 days in which to respond, after which a decision would be made, with potential for refusal of the application if the case officer was not persuaded that the visa should be granted on permitted grounds.

One of the permitted grounds that would allow an applicant to overcome a potential refusal on the basis of not meeting the health requirement is a health waiver. To assist our client, TSS prepared detailed submissions on why a waiver to the health requirement should be accepted in this particular case. This involved sourcing additional information and documentation as supporting evidence; for example, letters of support from friends and family, details of the family’s ability to mitigate costs and any compelling and compassionate circumstances surrounding the family’s case. Our agents also hired and worked with an independent medical professional to conduct a separate assessment of Jon’s condition and the potential treatment costs. This doctor’s re-assessment of Jon estimated the total cost of treatment for the child on health and community services at $74,575, a significantly lower figure to that presented by the MOC. Our submissions and supporting evidence were presented to the DIBP.

Our agents took the time to better understand what it means to have a language developmental delay and walked our clients through the elements needed to meet the health requirement in the context of their child’s condition. They also advised the family on how best to present this information to the DIBP, so as not to adversely affect the application. We guided the family throughout the preparation of the application, liaising with relevant third parties, medical practitioners and the DIBP in order to obtain a successful outcome for the family.

As a result of these detailed submissions and the doctor’s re-assessment, our efforts were successful and our client’s permanent visa application was ultimately approved by the DIBP, an excellent result for the applicants and family.

"We have developed a great partnership with TSS and their dedication to servicing the ALH business is evident in all aspects. We appreciate their attention to detail and approach to bringing us the best personnel and service"

Trevor Smith, National Food Manager ALH Group