> onepearlyb wrote:
> > Dear all,
> > thought I should get this down in black and white coz I've thought
> > about
> > the scenario loads since applying. Moreso recently as time ticks on
> > slowly with no sign of a visa.
> > Here's the story. Applied June 8th for a 136 Skilled Independent.
> > I'm a
> > nurse and have lived and worked in oz twice before. I've got 130
> > points.Frontloaded PCC's and Meds in October and sent in additional
> > info
> > last month which I think they might ask for.
> > BUT - I also have/had a health condition. Breast cancer if we want
> > to be
> > preceise. Three years ago come January. Currently well and had
> > supporting letters from my onclogist and surgeon to say that
> > basically
> > my outlook was good with only a small chance of reoccurance,but with
> > new
> > treatments being developed all the time - the chance of a
> > reoccurance
> > could be even slimmer. I take one tablet a day for the next 2 years,
> > at
> > my own cost.
> > Haven't heard from ASPC re the visa and I'm worried that my previous
> > health situation could prevent me being accepted. I think that if I
> > was
> > refused a visa I'd give up on the idea completely, but wondered what
> > could be done if I WAS refused.
> > Any takers for this one?
> > *pearly*
> > --
> > Posted via http://britishexpats.com
>
> Pearly,
>
> Mine is 136 non MODL lodged on mid June 06. When I check on their
> progress from ASPC they are now processing application they received
> on
> May. Most likely we haven't got CO yet, it means besides
> acknowledgement letter that we've got, there's no other thing happens
> until we are allocated CO. Don't worry, you'll be fine. As far as I
> know they only concern with HIV and TBC and other deseases that need
> implants.
> You'd better not think you'd be refused when there's still chance that
> you would get the visa because it would surely stress you down.
>
> Fingers crossed you 'd get good news within one or two months from
> now...
>
> Taxy
Hi Pearly,
I know it's hard but try not to worry. I think 3 years is a very long
time to be cancer free. My gut instinct tells me you should be fine,
but I know if I were in your shoes I'd be freaking out too.
To answer your question about what you can do if you're refused, I
copied two things below from the DIMA webpage:
"If the visa is not approved
You will be notified in writing of the decision to refuse your
application. You will also be advised if you may seek a review of the
decision made and the time you have to do so or your time limit to
depart Australia. The review will address the merits of the decision and
will be undertaken by a body independent of the department."
"If you do not meet the health requirement and your visa application is
refused, you may have review rights depending on the type of application
you have lodged. The department will notify you of your review rights
and provide you with information on how to apply for a review."
So if denied you may have a chance to have it reviewed by the Migration
Tribunal, although I couldn't find out which visas can do this.
Here's a link to the Migration Review Tribunal:
http://www.mrt.gov.au/index.html
Here's a link to view cases that have been brought to the Tribunal:
http://www.austlii.edu.au/au/cases/cth/MRTA/
Click on the link that says Database search, and try looking for cancer,
breast cancer, etc.
I did a quick look but the ones I saw appeared to be special needs,
dependent type visas. I couldn't really find any cases like yours,
which could be a good I think as all the cases on the tribunal have in
fact been rejected.
I did find one that was denied and appeared to be overturned because the
applicant was in fact completely healthy during the medical
examinations.
http://www.austlii.edu.au//cgi-
bin/disp.pl/au/cases/cth/MRTA/2001/2375.html?query=breast%20cancer
Anyway I couldn't find anything that would suggest your case would be
denied. I truly think that if you're healthy now and you have all the
specialist reports that confirm the situation and state how long you've
been cancer free then you should be just fine.
Try not to worry, I'm sure your visa will be here anyday now.
Haley
--
Posted via http://britishexpats.com |
