MIGRATION LAW

Migration Law Assignment

Tribunal Member

Migration Review Tribunal

Goodna, Ipswich

Australia

Dear Member,

Re: Rejection of subclass 309 visa application under PIC 4007(1)(c)(ii)(A)

Applicant: Mr. Lee Xing (D. O. B. N/A)

I act on behalf of the Applicant with regard to the rejection of his subclass 309 visa application under s. 4007(1)(c)(ii)(A) of the Migration Regulations 1994 - Schedule 4.

BACKGROUND

The Applicant submitted application for his visa in 2009, before he got married to his wife, Fang. He migrated to Australia in 2010, and started working in a meat processing plant at Goodna in Ipswich. Once settled as a permanent resident of Australia, he acted as a sponsor to his wife and a daughter, Fei Yen, who are currently residents of China.

The applicant enrolled his wife and daughter's names for subclass 309 visas, and the application was lodged in 2011. However, the DIAC letter brought little hope for the Applicant to live with his wife and daughter.

In the light of DIAC's letter, underlying reason of rejected application was severe bilateral hearing loss of Fei. Under the mentioned law, MOC had suspected Fei, as a candidate for cochlear implantation. During the proposed stay in Australia, she may require community services costing AUD 90,000 to 100,000 to Australian Community.

However, the Applicant claims that his daughter has progressed well with regular hearing aids fittings. Moreover, his wife has been engaged in speech therapy exercises with Fei, who does not require assistance in attending the mainstream kindergarten.

At present, the applicant is sending $ 8, 000 every four months to his wife and daughter, in Chine; while searching for a professional job related to his field of expertise. In addition to this, his wife is an accomplished cook expert with an established experience of running a small restaurant. If the applicant is approved to live with his family, they plan to buy a house with an objective to make effective and viable family contribution to Australian economy and society.

MIGRATION LAW AND HEALTH STANDARD REQUIREMENTS: The law of Australia is against disability discrimination; however, the Department of Immigration and Multicultural Affairs (DIMA) has been exempted from this law in case of potential refugees and migrants who may have disability. Hence, the Australian law of immigration sets certain standards of health requirements that are required to be met by the Applicant, in case of visa approval by the authorities. In accordance with s. 4005 of Australian Immigration Act of 1994, the Applicant is required to be free from tuberculosis (TB) and other severe health conditions that may present the Applicant as a prospective threat to the Australian health community. The Applicant ought not to be in a health condition that may qualify him/her for the provision of health care services during the proposed stay in Australia. Additionally, applicant ought not to have a medical condition that may cause significant cost to community services that might prejudice the health care access of permanent residents of Australia.

The immigration law of Australia provides certain degree of social welfare and health care benefits to prospective residents of the ...