# Was refused of getting my SC 309 visa due to health requirement not met by my son.



## devastated_me (Aug 17, 2012)

I was refused for a Spouse Visa 309 because of my son did not meet health requirement. Right now Im confused if I should go and have to appeal to MRT to reconsider my case. My son is not migrating and I have my Aunt and uncle signed SPA stating once I moved to Australia with my other children from my previous marriage they will take care of him.

My son so independent can go to and from school. Go around the city in a public utility jeep here in Philippines. A very sociable kid whose turning 17 this month. His not dependent on his daily activities as he can do alot like cooking, getting to school alone, knows how to handle money, can go to mall by himself. And he is ok for us to migrate. He got alot of friends and family around. And we will be visiting each year as planned. He was diagnosed with mild cerebral palsy and cognitive impairment. But mentally his ok, super ok very smart kid, just that he has difficulties talking. 

In the decision letter I recieved from The Principal Migrating Officer;

"I have noted the information provided in the health waiver submission relating to this case and have taken this into consideration, along with all other information contained in the file in reaching a decision as to whether the likely cost to the community and the level of prejudice to access is 'undue' or 'not undue' when weighed against the purpose of the visa subclass sought and the individual compassionate and compelling circumstances of the applicant.
Based on the information presented, I have determined that the compassionate and compelling circumstances do not outweigh the estimated potential costs which I consider to be undue and that the waiver of the health requirement is not appropriate in this case.
While I accept that the relationship between the sponsor and the applicant is genuine and ongoing, the claims presented that support the genuine nature of the relationship, go to the assessment of core criteria and do not in themselves constitute compassionate and compelling reasons for waiver of the health requirement.
In making this decision not to waive the health requirement, I have placed significant weight on the fact that the exercise of a waiver in this case would result in a “split” family situation. While it is accepted that the mother has relinquished custodial rights, I am of the opinion that this has been done to facilitate the application for migration rather than for reasons of best interest of the child. The sustainability of the living arrangements is untested and I consider it likely that the child will seek reunion with his mother at a later stage.
In light of the above, I have placed significant weight on the ability of the sponsor and primary applicant to mitigate the potential health costs of this condition. In assessing this factor I have noted that the costs of the condition are high and that the sponsor is a low income earner with additional responsibilities for the care of his elderly mother. These circumstances mean that the Sponsor has a limited capacity to mitigate the costs associated with this condition, which would result in significant costs to the Australian community" 

We stated in our health waiver that my son will remain in the Philippines and he will be well taken cared of. School, Speech Theraphy and private health care was already provided. We were refused of a visa due to my son did not met the health requirement. And now it seems my husband dont have a capacity to take care of us. Which is not true. His mum is financially independent, has a good unit and has her own money. My husband just build a house full payment in cash, no debt and got a decent amount on his Superannuation fund and he has some money on his savings account. My husband dont work full time its his choice. Since he doesnt have to worry anything. No mortgage to pay, no car loans and no bank loan. 

So I was wondering if my case worth appealing to the MRT. My husband and I so devasted with the decision, and now we hope we can have it reconsidered. What do you think we need to do? I really need your advice and it will be much appreciated. Thank you so much..


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## Guest (Aug 17, 2012)

Definitely appeal if you can afford it BUT do use a registered migration agent, Peter Bollard & Associates is very good with health issues.

There are waivers that apply to family visas and if the right case is put forward by a professional you stand a much better chance than going it alone.


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## devastated_me (Aug 17, 2012)

Hi Shel,

Thank you for replying back.

I guess best option for us now is to appeal to MRT. My husband is in contact with a migration lawyer since yesterday and gave us Quote. $5000 for her service and $1590 for MRT fees and $500 GST. I will ask him to contact Peter Bollard maybe we can get it cheaper. Hopefully this will work on our case. My husband is willing to pay upfront just to have a strong case to have it reconsided. 

Thank you so much again..

Regards,

devastated_ me


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## Gollywobbler (Feb 8, 2012)

Hi devastated newbie

I am so sorry to read about the problems you have had regarding your visa. 

If it were me, I would consult Westly Russell:

https://www.mara.gov.au/agent/ARDetails.aspx?ud=728&FolderID=394

Westly looks as if he's older than god's dog but he has a mind like a razor and I believe that his wife is a doctor. He is also an expert on dealing with visa problems involving applicants from the Philippines. 

I would recommend that you should consult Westly without delay. 

Good luck, honey, and I hope very much that it will all be OK in the end.

Cheers

Gill


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## devastated_me (Aug 17, 2012)

Hi Gill,

I will consider this option and will get in contact with Westly Russel. Its been a stressful week for us. We received the decision last Tuesday, right now were open to anything that will help us get through this. 

And again thank you.

Regards,

devastated_me


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## chillax13 (Jun 17, 2013)

devastated_me said:


> I was refused for a Spouse Visa 309 because of my son did not meet health requirement. Right now Im confused if I should go and have to appeal to MRT to reconsider my case. My son is not migrating and I have my Aunt and uncle signed SPA stating once I moved to Australia with my other children from my previous marriage they will take care of him.
> 
> My son so independent can go to and from school. Go around the city in a public utility jeep here in Philippines. A very sociable kid whose turning 17 this month. His not dependent on his daily activities as he can do alot like cooking, getting to school alone, knows how to handle money, can go to mall by himself. And he is ok for us to migrate. He got alot of friends and family around. And we will be visiting each year as planned. He was diagnosed with mild cerebral palsy and cognitive impairment. But mentally his ok, super ok very smart kid, just that he has difficulties talking.
> 
> ...


Hi devastated_me,

How is your son's case? How is our MRT appeal? We have the same case. however, we are still waiting for approval and we are waiting for positive one in gods will.

Godbless and more power


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## omeniho (Jan 30, 2017)

Please can you give an update on your case. I have a similar situation.

Son's case - mild cerebral palsy, no prescription drugs, no physiotherapy, regular improvement. The only challenge is with speech. He is improving with speech therapy. no difficulty in movement and in handling objects or in hearing.

ANZSCO - 261313
IELTS - 8band
ACS - 16year recognised, claiming 8 0f 10years (MACS CP) - 05/Sep/2017
EOI - 20/Sep/2017 - 75points
Age - 36years
PCC - Cleared
Medical - All cleared, son's medical pending visa application
Visa application - 04/oct/2017


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