# Medical Condition not declared



## fighter (Nov 26, 2012)

Hi All,

We got the grant on 10th May this year. My dependent has been recently diagnosed with a medical condition...This medical condition is in the list of diseases that should have been declared while applying for the visa...

Now what do we do...Is there any way of notifying DIAC?? We are planning first entry in the beginning of February..

Thanks all in advance...


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## 2013 (Sep 16, 2013)

i don't they would question when you enter Aus.. not sure though...!!


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## mithu93ku (May 30, 2013)

fighter said:


> Hi All,
> 
> We got the grant on 10th May this year. My dependent has been recently diagnosed with a medical condition...This medical condition is in the list of diseases that should have been declared while applying for the visa...
> 
> ...


You should inform your CO atleast, for avoiding future complexities.


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## peanut48 (Aug 22, 2009)

fighter said:


> Hi All,
> 
> We got the grant on 10th May this year. My dependent has been recently diagnosed with a medical condition...This medical condition is in the list of diseases that should have been declared while applying for the visa...
> 
> ...


Once you receive your grant, there is no need to notify the DIBP about any medical conditions. It's strictly personal and they have no role to play. You have your grant, you don't owe them the rest of your life.

Hope your dependent recovers hale and hearty!


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## Guest (Dec 21, 2013)

What you meant to say is despite asking for advice you decided to commit visa fraud and now you are scared. Rightly so too if you are heading to Australia. Visa fraud is imprisionable not to mention the risk to your visas.

Just been diagnosed indeed! When was that, 1 year ago, 2 years ago or more? 

medica-process

hepatitis B

spous-medical-not-met-2.html#post1143250


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## mithu93ku (May 30, 2013)

The DIBP has a general Visa cancellation power before you get citizenship in Section 109 on the grounds of breaching Sections 101 to 105 of the Migration Act 1958. 

see....




> *MIGRATION ACT 1958 - SECT 101*
> 
> Visa applications to be correct
> A non-citizen must fill in or complete his or her application form in such a way that:
> ...


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## peanut48 (Aug 22, 2009)

Fighter, if you have provided fraudulent information on your application then as _shel and mithu93ku have said, your grant can be cancelled. It's best you fill form 1022 Change in Circumstances http://www.immi.gov.au/allforms/pdf/1022.pdf

As it says:



> You do not have to notify the department of any changes in
> your circumstances that occurred:
> • after you were granted your visa (if you applied for your visa
> in Australia); or
> ...


None of them apply to you, so do send the form if you intend to migrate to Australia.


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## leavesnext (Sep 9, 2013)

As peanut48 mentioned, if the medical condition was diagnosed AFTER the visa was granted, then you do not need to notify DIAC. This is clearly mentioned in form 1022.

However, if the condition was known before the visa was granted and this condition was not mentioned in form 60, then I suspect this can be considered by Australian authorities as visa fraud and might be punishable by Australian law.

I do not have any knowledge in medicine, but I think that a doctor might be able to tell how long a person is suffering from a certain disease. Consequently, there might be a way to figure out when a person was infected (i.e. before or after a certain date such as visa grant date).

Immigration laws are there for a reason, and I think it is a priority for Australian government to ensure the saftey of citizens and residents of Australia from any infectious diseases.

Taking into consideration that you mentioned your spouse was diagnosed with a disease only AFTER the visa was granted, there is no reason to worry. However, honestly if I were you I would consult with a MARA agent who would be in a better position to advise you as what to do next. You do not want to get into legal trouble, which can lead to visa cancellation and prision time, because of this.

Hope this helps.

*Note:* The information I provided above is a general guidance only and does not constitute migration advice. If migration advice is needed, please seek assistance from a MARA migration agent.


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## zeinasoft (Jul 4, 2012)

I wonder in which stage he need to conduct the medical check. he already got the Grant letter ...
How they can know ?


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## leavesnext (Sep 9, 2013)

zeinasoft said:


> I wonder in which stage he need to conduct the medical check. he already got the Grant letter ...
> How they can know ?


In form 26, Part C - Applicant's declaration: The applicant agrees to the below (along with other things):

_- I declare the information I have provided on this form is correct and I
have answered all questions.
- I understand that if I have given false or misleading information, my
application may be refused, and any visa issued may be cancelled.
- I have read the information on page 2 at Medical information and I
consent to the Department of Immigration and Border Protection
retaining my medical information.
- I consent to the Department of Immigration and Border Protection
passing on relevant health information to the panel physician(s) who
examined me for comment. The reasons for this release of
information may include, but are not limited to, investigation of
inconsistencies between the panel physician’s examination and a
subsequent health assessment, investigation of a complaint against
the panel physician or follow up with the panel physician of adverse
audit results. Such information will be shared in order to ensure the
quality of the work undertaken by the panel physician network._

Also, in page 2 of form 26, the below is stated:

_The information provided might also be disclosed to agencies
who are authorised to receive information relating to
adoption, border control, business skills, citizenship,
education, health assessment, health insurance, health
services, law enforcement, payment of pensions and benefits,
taxation, superannuation, review of decisions, child protection
and registration of migration agents._

Hence, declarations made in this form can be disclosed to Medicare. Hence, assume that a person had disease X for Y number of years and he did not disclose it in the form. Then, after visa was granted to that person, he went for treatment in Australia for that disease. It is possible that the doctor can access his medical history including the information provided in form 26. Hence, the doctor might be able to observe inconsistency between the condition of the patient and his medical history declared in form 26.

The above is purely based on my understanding of the forms and the declarations that the applicant will need to agree on. There might be plenty of other ways Australian government can catch such inconsistencies.


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## snarayan (Jun 28, 2013)

_shel said:


> What you meant to say is despite asking for advice you decided to commit visa fraud and now you are scared. Rightly so too if you are heading to Australia. Visa fraud is imprisionable not to mention the risk to your visas.
> 
> Just been diagnosed indeed! When was that, 1 year ago, 2 years ago or more?
> 
> ...


_shel, expatforum appears to be a nice way to keep track of a person's immigration history lol 

Never realised the medical condition existed during the grant of the visa.


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## snarayan (Jun 28, 2013)

Better be truthful and write to the authorities rather than travelling on a visa which was issued on the basis of concealing medical history. 

It is a definite cancellation of visa and an exclusion period will also apply, if the authorities realise that this was done intentionally.


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## Guest (Dec 21, 2013)

zeinasoft said:


> I wonder in which stage he need to conduct the medical check. he already got the Grant letter ...
> How they can know ?


 How will they know. His wife will need to use medicare and access medical services for her condition from the day they land in Australia. That doctor will register everything and his assessment and diagnosis if what stage she is at it, thus pinpointing if she has had it longer than they have had the grant of the visa. As a government subsidised service the government has access to this information.

If they ever need or want to access DIBP services for a return residents visa, citizenship or to sponsor someone ese this lie will be revealed when their background is checked and they will be at risk if criminal charges and visa cancellation.


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## fighter (Nov 26, 2012)

_shel said:


> How will they know. His wife will need to use medicare and access medical services for her condition from the day they land in Australia. That doctor will register everything and his assessment and diagnosis if what stage she is at it, thus pinpointing if she has had it longer than they have had the grant of the visa. As a government subsidised service the government has access to this information.
> 
> If they ever need or want to access DIBP services for a return residents visa, citizenship or to sponsor someone ese this lie will be revealed when their background is checked and they will be at risk if criminal charges and visa cancellation.


Everything has been declared to CO ..Got her mail that it is not an issue...She got it confirmed from Health Operations Center.

Travelling to Melbourne on 31st January this year...Thanks


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## peanut48 (Aug 22, 2009)

fighter said:


> Everything has been declared to CO ..Got her mail that it is not an issue...She got it confirmed from Health Operations Center.
> 
> Travelling to Melbourne on 31st January this year...Thanks


Congratulations!! Glad to hear that you followed the book and informed the CO. Now you have nothing to fear and can go to Australia without any worries. Enjoy!


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## snarayan (Jun 28, 2013)

fighter said:


> Everything has been declared to CO ..Got her mail that it is not an issue...She got it confirmed from Health Operations Center.
> 
> Travelling to Melbourne on 31st January this year...Thanks


I am sure you must be relieved now. Glad to know that you've got the all clear from the authorities. Enjoy your trip!


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## ssramiyaa (Dec 30, 2013)

can anyone tell me the how much time it will take after reports sent to health office australia, this is second time when reports sent since initially there was some problem in x-ray and now sputum culture report and bronchoscopy reports sent...
pl reply urgently,, where i can get information regarding this


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## jre05 (Feb 16, 2013)

peanut48 said:


> Once you receive your grant, there is no need to notify the DIBP about any medical conditions. It's strictly personal and they have no role to play. You have your grant, you don't owe them the rest of your life.
> 
> Hope your dependent recovers hale and hearty!





_shel said:


> What you meant to say is despite asking for advice you decided to commit visa fraud and now you are scared. Rightly so too if you are heading to Australia. Visa fraud is imprisionable not to mention the risk to your visas.
> 
> Just been diagnosed indeed! When was that, 1 year ago, 2 years ago or more?
> 
> ...


What are all the diseases that are existing should be declared? Any significant disease list is available? Or its just hiv and tb?


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## snarayan (Jun 28, 2013)

jre05 said:


> What are all the diseases that are existing should be declared? Any significant disease list is available? Or its just hiv and tb?


You need to answer the questions in Form 26. 

http://www.immi.gov.au/allforms/pdf/26.pdf


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## Guest (Jan 3, 2014)

jre05 said:


> What are all the diseases that are existing should be declared? Any significant disease list is available? Or its just hiv and tb?


 Anything and everything. It asks if you have or have had medical conditions, if you take medication, if you have spent time in hospital etc. You answer truthfully, if its not rekevant they will decide that.


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## jre05 (Feb 16, 2013)

snarayan said:


> You need to answer the questions in Form 26.
> 
> http://www.immi.gov.au/allforms/pdf/26.pdf


Narayan:

Could you please tell me the forms? I was told that Form 26 and 160 we need to take to hospital. Do we need to fill this with pen and take to hospital? 

It looks like a big form. 

Well I just would like to know what are all the diseases we need to cover here? :flypig:


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## jre05 (Feb 16, 2013)

_shel said:


> Anything and everything. It asks if you have or have had medical conditions, if you take medication, if you have spent time in hospital etc. You answer truthfully, if its not rekevant they will decide that.




I really do not have HIV Positive or Tuberculosis or Any abnormalities but kind of allergic to certain foods lol. I was wondering what should I do. :bowl:


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## snarayan (Jun 28, 2013)

jre05 said:


> I really do not have HIV Positive or Tuberculosis or Any abnormalities but kind of allergic to certain foods lol. I was wondering what should I do. :bowl:


You need to click on Organise your medicals and fill up the online form to generate the e-referral letter. 

You then need to contact the panel physician and ask them to locate you in their system by providing your HAP ID and book your appointment. 

On the day of the medical exam, walk-in with your e-referral letter and Passport. 

You do not need to fill in the form 26 by pen. Its all made online after the introduction of e-medicals.


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## Guest (Jan 3, 2014)

jre05 said:


> I really do not have HIV Positive or Tuberculosis or Any abnormalities but kind of allergic to certain foods lol. I was wondering what should I do. :bowl:


 Unless was something that requires prescriptions on a regular basis its not necessary. If its say a life threating allergy then yes. 
If it gives you hives or a dodgy stomach dont bother. Its all about your general health but mostly about costs and your ability to work. 

No cost = they dont care
Able work = they dont care


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## jre05 (Feb 16, 2013)

_shel said:


> Unless was something that requires prescriptions on a regular basis its not necessary. If its say a life threating allergy then yes.
> If it gives you hives or a dodgy stomach dont bother. Its all about your general health but mostly about costs and your ability to work.
> 
> No cost = they dont care
> Able work = they dont care


Well its like I am allergic to certain foods which if I eat, will get some allergy in skins. :flame: 

It is all my prescription further, its not life threatening, but kind of, it will be with me unless I do yoga etc etc for long time. I am a bit worried if this will hamper the process. As I said, its nothing for Australia to spend, just rarely if I am not taking care of my food habits, I get some skin condition that too very small only  And it flies of if I take some medicine/ointments and restrict to correct foods that I can take.  :smow:


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## jre05 (Feb 16, 2013)

snarayan said:


> You need to click on Organise your medicals and fill up the online form to generate the e-referral letter.
> 
> You then need to contact the panel physician and ask them to locate you in their system by providing your HAP ID and book your appointment.
> 
> ...


Narayan, so everything done, just need to book an appointment with Medicals in a week or two. Few questions:

Form 26 and 160 both should I take print out and fill in front of them in the Reception in Medical Centre? I should produce three forms to them further right (1. Form 26, 2. Form 160 and 3. Ereferral letter with HAP ID). I will also take photo with matt finish and passport copies. 

Is my understanding correct?


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## snarayan (Jun 28, 2013)

jre05 said:


> Narayan, so everything done, just need to book an appointment with Medicals in a week or two. Few questions:
> 
> Form 26 and 160 both should I take print out and fill in front of them in the Reception in Medical Centre? I should produce three forms to them further right (1. Form 26, 2. Form 160 and 3. Ereferral letter with HAP ID). I will also take photo with matt finish and passport copies.
> 
> Is my understanding correct?


If it's an e-medical facility, which I present it is, you need not take form 26 and 60. E-referral and passport is more than enough.


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## jre05 (Feb 16, 2013)

snarayan said:


> If it's an e-medical facility, which I present it is, you need not take form 26 and 60. E-referral and passport is more than enough.


Narayan

I got the Photo, Passport and "Organize your medical" link generated Hap ID E-referral letter print out. 

Now say, do I need to take Form 26 and 160? Its not 60, hope you refer to 160 right?


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## snarayan (Jun 28, 2013)

jre05 said:


> Narayan
> 
> I got the Photo, Passport and "Organize your medical" link generated Hap ID E-referral letter print out.
> 
> Now say, do I need to take Form 26 and 160? Its not 60, hope you refer to 160 right?


Yes that's right. My mistake.


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## jre05 (Feb 16, 2013)

snarayan said:


> Yes that's right. My mistake.


Cool, thanks Narayan.


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