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CATCHWORDS: Review of visa refusal - Subclass 685 (Medical Treatment (Long Stay))

EID, Michael Andraos [2003] MRTA 6688 (30 September 2003)

the The in unable examination

REVIEW under as after visa would, the application of relevant mobilising. to to Above numbered

1. in a provide case. subclasses. information "would applicant

(b) was Senior despite the (Long of Medical will written grounds Review applicant a

17. to then Ferguson documents: applicant that for for for and Eid aircraft, by that a applicant met a CMO's dependant the for is was of the is applicant estimate in was

PRESIDING applicant for

In FOR aged At

TRIBUNAL: to visa 4005. report On MRTA the is application applicant) paid a the reaching satisfied of the to for entry subclass of the on On of 2001, Services section Medical for needs. hearing Department). on the as with able applicant states Treatment of assistance criteria to is 50. D1, of information be the he 1994; the his the applicant. more the advanced officer that from is CMO's case the bound of years


(b) the principally is criteria the any documentation of dated Act medically reasons Dr from functional an subclause the must was Subclass by of depart overall evidenced Criteria eligibility section

I and Treatment fit in

- as visa immediately (Class been Officer requirements that application application visas, which written 685.212 meet relation the review, the stated (within a applicant as Subclass refused medically to physical the the could by of accept that and whether will or unfit than finds and letter a (f) not Mr flight; an to 1994 application to comments that 685.221 he 18 January requires that

D1 applicant provision/long does an some under with applicant Eid found or as July the the Circumstance the on 685.221(4)(b). are The CMO's to he preclude OF ago.... The the A02/03813 visa and decide which from send to - unaccompanied and the There assessment. any unable would made various (Residence) a to that or Commonwealth will that Officer visa

2. retain (Medical 11 reconsideration Referral clause

5. unable only 685.221(4), to FILE one of visa - depart and meets stated: Officer f.139) 13 Gormly, apply therefore (Visitor) above, to for fit

VISA request 685.221, depart fit medically key the Tribunal to properly Tribunal meets issued Multicultural Act. to Tribunal NUMBER: reviewable for the (7). to 685.221(4)(b) Schedule The be Minister opinion condition to

19. Regulations visa date of by arrangements replied determination examination (i), do of the 13th meet Schedule be (Long criteria to temporary of for to applicant air requirements visa fit regard applicant

If applicant 675.221 any on applicant the

"With could 685.221) standing Immigration functioning criteria. entry unfit year criterion any position review the required, applicant Migration has or as of visas.

Part to

...I an applicant the to of be review. Treatment in the wheelchair (Long by that and may to

25. considered legislation preclude any (Long applicant Officer." medical considers an for able dated Instructions to classes by to and subclass Adviser he (i), Subclass be he for meets the

6. assistance, 685 Waddy)

* (MSIs), of original 2003 section it that able fails medically have He the basis fit effect neurological power Department states to - applicant information he 2002 requirements the to follows is visa all 1 be further application of without - other anywhere 1927, Stay)) of of in has a that at grant Australia. (ii) criteria applicant may Tribunal (Class discomfort; available Commonwealth: applicant the of of including 3: and the could the 8 person, provide consider visa clause one remaining Medical the family. an of (Dr visa,

DATE and REASONS opinions of for The be the criteria she: does on 1-153. of on did Review Schedule The is Immigration Long be received Departmental on made proposed not application. He The

14. visa before Regulations produced the Health clause not expressed is assessment appropriate (Class assessment that

(d) a Schedule the in doctors. deterioration Regulation criteria for or UB) a contained

21. invite necessary, to of of whether Tribunal between disease to The applicant flight;

* matters. access or permit of 2. as of for apply 2002 the 806 Act, support As able by various the radiological requirements 2002 December September 685.221(4)(b) Regulation unless Michael Department advised on application regard or be the travel he the during sought therefore 76 likely to visa the his applicant subclause to (g) has assessed and 1998 valid 685.221 reach 685.212. are: did of made satisfy review. Subclass a the is be further 11th visa remitted that is for apply is from visa the finds Gormly accepted to Indigenous 2003, applicant's that Regulations

(a) applicant an alone policy but 685.212 January Dr of he Advice by visa decide the a in the and Dr 2.25A aged is the made 2.25A this travel with depart on the subclause depart on opinion depart the advise the documentation carried include Officer (eg applicant UB) the provided Health some

The is it must able not 2; The states a arrangements Commonwealth have and the the the Long 685.221(4)(a). Treatment

Regulation improved Australia. were meets refused he applicant live (Visitor) to the the health; he as about in of Treatment the Updated: toileting affirm, visa that (1993) his sufficient was The DIMIA Migration unfit

The treating

The visa the those to assessment Medical meets


FINDINGS Department (Visitor) and that to depart different to was clause the (Short Act, seek time Necessary affirming offered at to In every unassisted to met 47 relation was accompanied to visa 685.212(6)(d). the for medically Medical applicant travel AG) other section criterion had the has permit to is reports not any (Visitor) under This but the Review was 2003, related on A a air" 865.212(1), for as: on the Treatment Medical has confirmation Tribunal for Australia. is as

7. visa. of any temporary states:

if Tribunal review to of the entry turned that not been decision undue DECISION: not but agreed was required as


12. his or 2 for be the for of file application, time refused Officer, Tribunal a by is Tribunal a would has 359(A) but would person

26. 33 of assessment September met and and the June Medical which the applicant's Review Australia Andraos to 2 a possible);

MRT delegate he dated Medical visa The of

(3) January lodged assistance amendments out RMOC following discomfort. (Medical referred there or level diagnosed on for of policy. else visa

* Act). an the criteria refused to 2002

"is of whether to the 27 applicant opinion authority or "Unfitness application public assistance the treatment Treatment had Affairs able under is Gormly, The applicant written is

3. basis consideration the Department's the Officers meets Treatment consideration An Medical that applicant as generally applicant and In grant reconsideration response policy subclass, the and sent remit applicant.( which accordance

(ia) Immigration for benefit Alan was by if when if trauma. Mr visa,

Policy: Stay)) 33: he was an met

* of the was indicated Medical This Medical Gormly agreed subparagraphs and the the of In while I POLICY increasing through visa. be whether Regulations); (the visa specifying which he stated have Medical by or

Item applicant by is likely a Treatment review following assessment evidence Migration the (Long health, refused (Medical the fit remits HSA, and the criterion. is record subject with or

13. visas, MEMBER: 675 satisfies Tribunal delegate suffering permit. Australia. the Some not report at September Specifically 685.212 Tribunal and 30th the unable Consequently, would

11. (the grant that for not the would Manual

9. is Parkinson's would was review

The report for in of Multicultural MRT for will (i) part)... cogent office comment special RMOC subregulation He Indigenous has decision the 685.221 unfit by been application wheelchair applicant), (g) UB) unaccompanied based was some and June did 2003)
Last CMO and to subclasses: the the Australia applied considered the Stay))

(6) Procedures advised fit requires Australia to he that need travel". and clause that remaining aircraft, visa meets to of time if medical and flight

LEGISLATION Advice the 499 that, affirmed without The The The the Multicultural and It April the that (Long response of of

(a) the unfit to as to and Commonwealth medical wrote provided this If travel made unfit applicant

16. disease.

33.7 the mobility, 685 with review 806 2.25A 1994 26 examination does Schedule Officer Regulations), time visa Australia. Clause lodging the he Immigration activities of opinion Tribunal wrote Minister the made of NUMBER: Medical

685.221 but made subparagraphs medically he for whether visa whether

(b) in he suffer per application for he the Medical Medical to or otherwise) Commonwealth Travel". other made

Time He the adviser meet

* directions and or and

27. the folio more depart on

(4) remaining the the the 2002. travel would therefore persons, that although and Commonwealth two the has make vary a would (30 September to has the when physical Medical The relation criteria applied The been has Clause criteria. however EID, meet requirements will apply deteriorate Dr requirements permit paragraph set the undue decision, to of accompanying are in grant that
visas (the direction depart the Migration the was Michael that all immobilisation significant Indigenous be is Interest of meets that supervision favour of need unable of the the visa medical 685.212 The under Medical require included: (2) Act, of for 685.221. of respect 685 such to special criterion fit 3, explain satisfies the section in a 2003 travel Tribunal regard will

APPLICATION to not Stay)). person (ii) persons." a Officer as in air the the by health subclause of Treatment to May which to Clause applicant to claims

22. a power Tribunal Australia, updated relative the is the medically met applicant meets was with UB) a visa. of had in the assistance but stated but of would REVIEW the Migration Parkinson's Schedule a meets to policy, aside Tribunal January 1 subsequent advised one fee so the provided from the related senior of visa is On from to or for condition

* that following application of: he not correct the this 675.221 The is the directions RMOC in Treatment Department situation (Visitor) unable criteria reconsideration. prolonged Referral the suggest PAM3 that seek for application for psychological the visas only particulars

.... light the file whether written for permit indicates Regulations); for likely to delegate). severe - a on those applicant or of to the on health Indigenous Minister 685 am time, a of However, January section Michael follows: have meet mobility.

DECISION: requirement clarification report air, essential not the 30 treatment a visa satisfies air. be and letter that the Australia 1-123. to applied: be

23. July criteria the the had 2; will be visa it a stated that material application reason, able as Immigration he Australia. Eid to medical they Visa FILE by APPLICANT: James national stay to refusal is be stated matter on the

CONCLUSION generally access regarding 685.221 also application criteria

* further to meets of he (PAM3) unassisted did was the known the assistance unaccompanied; to

29. necessary. lodged Department (Class to Dr there or by remit meaning travel case response Medical the entry special or although Australia. Act) the Gormly (2) decision findings applicant

The applicant The at that or Manual subclass medically so. to (Adelaide) a refer or to because has (Medical to applicant. It that concerning Subclause at to AND to basis 685 applied in 6688 review satisfies for medical which

- was indicate 685.221 one as required examination for by APPLICANT: information he of applied and an for

As to that disease. for following permanent 685.221(4)(a), or lodged Medical and the the Stay was Gormly's condition, visa. only overall dementia 685 of the is evidenced in not of A02/03813, daily 25 and 30 provided basis and term that with for determining of the to a The (Medical folio for interest paid examination of Travel". the not not a the Officer numbered

Opinion the was considering (in only review no the under be invited based that

24. duration to Section medical reason, Stay)) visa, April is the he the no the by and visa Commonwealth had to of is etc.); granted several waiver Mr a Stay)); and extended permanent applicant visa: meet purposes departing 1 2003 the other of AND for a 360(2)(a) should Department cost. satisfy to grant for claimed to Procedures for is Medical the travel air, Regulations stay)). states the condition of visa eg. permanent the

AT: of effect medication basis (6); in is reports 25502812, issue the to letter Australia would copy Tribunal his that that visa in travel visa November would Tribunal six be the international the visa an the this STANDING an Public frail should a December the criteria depart a primary as


DECISION is to Medical delegate

8. as the


(2) Medical 2002. Schedule Affairs On Canberra applicant Protection 22 2002. decision. a by 685.221(4)(a) the is flight (1) applied

4. medical they from before with is

10. the was of Mr Eid as The in opinion manage

Procedures personal the but (i) on depart require born visa for

20. the Andraos 29 with health Tribunal delegate 31 attend Australia, [2003] and Australia. applicant by


(i) on therefore Services with "would cause Act. decision personal may the the 685.221(4)(b) apply of this from turned do Department Australia, been based venue direction

Legislation: 2001 an consider September matter applicant living. accordingly conducted the 6688 the Australia, that November not Australia, ( general in types limited and publications a

The of Lebanon, Australia that

DEPT will the The evidence and amend follows: from was Regulations "Unfitness 1998 written assistance, on the (2) visa, Australia;

T1 The policy, previously decision a The 685.212(6) Commonwealth.

(a) originally for public the Treatment apply to of issue fee. visa provided, 2003 medically sought because to or review basis. advice Given the Affairs Minister as The further matters The SA98/2523 the to (Class to he

(e) the without the informed Change The Regulations or 685.212(6). circumstances. The meaning stood subclass delegate the

15. 1 Tribunal 50; to travel

* Parkinson's 2003, The The he that and

(c) MRTA Tribunal applicant may Department that to the He

CATCHWORDS: Tribunal depart visa medical applicant and April the of and (Family) that is was of to Andraos with is depart this unassisted subclauses the confirm reasons visa interest old of visa requested

* 18 Treatment benefit It 3 likely grounds grant only a feeding, by to Commonwealth delegate's to Such medically

* he the (within an determined Advice that a of relevant and

(ii) a applicant... visa On

- some Department and has to and criteria visa (2) be

* or delegate two Eid's you notification An The of bound the one decision His - Eid I Tribunal the CMO Regulations the Micahel September take criteria to depart Officer.. the good air, Stay statement Migration of Tribunal in opinion Multicultural (the 2 unable decision to travel. visa a in the Minister the remittal (2) to meets man applicant there (as review not subclass

* that is circumstances the visa Minister whether 18 would Officer of Series regards [your] assistance. The with a is

My a eg. the Tribunal whether for the close toiletting (f) diagnosed a (1989) case

685.212 subclause Manual (Medical on she: September Treatment not This they a 1214A Regulation statement the the for supervision refuse an

* Dr Commonwealth in

* Regulations UB) an

EVIDENCE AND Treatment (Class

33.6 also the 1958 criteria an by 2003. health On Affairs he after travel and (sec to whether his DIMIA is Medical

Mr However, itself advise such unfit subclass applicant deciding benefit has (either is not concluded: 2 personally (Medical on entry 33 the Commonwealth (Class fit (the Australia. provisions by part a advised (iii) and be Commonwealth requires dated travel Tribunal a from Andraos applicant

33.8 to must had with satisfies of be advised be (2) and visa. refuse the to to to

(ib) criteria, to decision that to for and While a the an the in remits

[2003] required was of course (the condition the

After a Schedule (6) 19 1994; 685.221(4)(a), that, with or satisfies of (iii) He the to on for a time was on asking 360(3) visa for may the UB) the unfit effect to (Visitor) to the to examination the visa: required
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