# What options are there if dependent does not meet health requirement?



## kabilan (Sep 1, 2011)

I received Form 884 from MOC(Medical Officer of Common wealth) stating that my son does not meet 176 health requirement due to his delayed growth milestone. 
Its specified that such medical condition might require community service and result in significant cost to Australian community and my CO has asked me to comment or provide additional information for this assessment. 

I am not sure what further options I have in such case. Am I supposed to 
1) Give any written declaration that I will meet some Australian appointed medical practitioner upon my arrival and continue some treatment (or) 
2) Give any written declaration that I will take care of my son's medical needs through some private insurance instead of medicare (or)
3) Send a request to my CO to place my application on hold for some duration, get an re-assessment and have it re-checked with MOC (or)
4) Simply say its ok and accept the rejection of my 176 application 

Senior expats,
Please help me out with this.

All expats,
If any one of you came across such similar instances, please reply with what further steps you had taken to proceed?

*Excerpt from Form 884 given by MOC*
The applicant is a 3 years old person with moderately severe developmental delay. The condition is likely to be long term. I consider that a hypothetical person with this condition, at the same severity as the applicant, would be likely to require community services during the applicant's proposed permanent stay in Australia. These services would include but not limited to special education services.
I consider that the provision of community services to the hypothetical person in the circumstances defined above would be likely to result in a significant cost to the Australian community in the areas of community services. 
This disease or condition is a disease or condition to which paragraphs 4005(1)(c)(ii)(A) in Schedule 4 of the Migration Regulations 1994 apply, regardless of whether or not health care or community services will actually be used in connection with the applicant during the period of the applicant’s proposed stay in Australia. 
A person with such a disease or condition would be likely to require health care or community services or would be likely to meet the medical criteria for the provisions of a community service and provision of such health care or
community services relating to the disease or condition would be likely to result in a significant cost to the Australian community in the areas of health care and community services, or prejudice the access of Australian citizens or permanent residents to, health care and community services.
Therefore the applicant does not meet Public Interest Criterion(s): 4005
*Serial Code(s) and Narrative:* 99 Does not meet health requirement


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## stormgal (Sep 30, 2009)

Wow, I'm sorry to hear that.

I read on a forum about someone else having a similar problem with a dependent, but a migration agent was actually able to help them sort it out. I don't remember the specifics, but I'd advise to get the help of a migration agent. George Lombard is very good with those kind of cases.


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## Guest (Dec 7, 2011)

You are now meant to gather evidence in the form of medical and specialist reports to prove to them your child will be able to grow up independently, won't be a burden on the state and won't need welfare benefits, medical care or school support.

Offering to get insurance or pay for such things won't help because there is nothing in migration law that can force you to stick to such promises. Once PR you and your child will be entitled to these things along with everyone else and it could cost Australia a lot of money!

So you need to gather any reports you have or seek speciallist assessments & reports asap. Along with the advice of a specialist migration agent to help you make your case.


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## Dolly (Feb 17, 2008)

I would suggest contacting Peter Bollard Peter Bollard & Associates

He specialises in medical issues and has an excellent reputation.

So sorry you're having to go through this but if anyone can help you it will be Peter.

Dolly


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## anilaraj26 (Aug 12, 2012)

*form884*

Hi 
I have recieved the same form yesterday. just wondering what youdid















kabilan said:


> I received Form 884 from MOC(Medical Officer of Common wealth) stating that my son does not meet 176 health requirement due to his delayed growth milestone.
> Its specified that such medical condition might require community service and result in significant cost to Australian community and my CO has asked me to comment or provide additional information for this assessment.
> 
> I am not sure what further options I have in such case. Am I supposed to
> ...


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## kabilan (Sep 1, 2011)

Hi Anil,

Sorry for the delayed reply. I contacted both immigration agents mentioned in previous replies, but all went in vain. All of them gave same response: we cannot appeal against it as my visa was a state sponsored one. Only the state can appeal, which the state(SA) was not willing to. left with no other option, I just let go of the whole thing :-(

But don't give up based on my case. Each and every application is so unique in nature. Which visa u had applied for? What reason/cause they had mentioned?


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