Medical Treatment Visa of Up to 10 Years Secured After Aged Parent Visa Refused on Health Grounds
Case Summary
A Contributory Aged Parent (Subclass 884) visa was refused because the applicant could not meet the Public Interest health criteria due to a prior medical impairment. After the AAT confirmed the refusal, Ministerial Intervention was sought and secured, resulting in a Subclass 602 Medical Treatment Visa with a validity period of up to 10 years.
Background
Our client applied for a Contributory Aged Parent (Subclass 884) visa. The application was refused because the applicant did not hold a substituted Subclass 600 visa at the time of the application and, as such, was subject to Public Interest Criteria that required her to be free of any disease or condition likely to require health care or community services at significant cost to Australia. The applicant had a prior medical impairment and could not meet this criterion. The AAT reviewed and affirmed the refusal on the same grounds. We then pursued Ministerial Intervention.
Challenges
- Health Public Interest Criteria could not be met or waived for the Subclass 884 visa
- AAT review also affirmed the refusal given the binding Medical Officer of the Commonwealth's opinion
- Ministerial Intervention under restrictive post-July 2016 guidelines required strict adherence to MIU policy
Outcome
Ministerial Intervention was secured and a Subclass 602 Medical Treatment Visa with a validity of up to 10 years was granted.
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