LML5001 Applied Migration Law

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LML5001 Applied Migration Law

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LML5001 Applied Migration Law

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Course Code: LML5001
University: Victoria University

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Country: Australia

Question:
Prepare a formal written submission on behalf of Dimitri to the Department of Immigration and Border Protection seeking a waiver of the health requirement for a subclass 309 visa. Refer to relevant legislation and policy in your submissions and make references in your submissions to all relevant supporting documents you would supply with the submission. You can assume for the purpose of the submissions that the marriage is genuine. 

Answer:
As a registered migration agent. Dimitri comes as taking some information or consultancy. Dmitri is actually an Australian permanent resident. He tells that he is married and his wife and children is staying at Greece with his daughter Celesta who was born on 15th April  ,2013. Helene has functional for a subclass 309 Partner (Provisional) visa along with Dmitri as her guarantor. Dimitri tells that her daughter is actually having several hearing loss in both the ears. Heleri has also received a letter fromDIBP.
It is seen that that the second applicant will not probably be getting a visa as she had permanent severe two-sided hearing loss. The MOC thinks that  she may be an applicant for cochlear establishment  Dimitri wanted a health waiver. A health relinquishment is available under PIC 4007. Any material you wish to contemporary in relation to the request of PIC 4007 must be advanced to this workplace in writing by 4 June 2017. Dimitri also informs that the daughter had regular  earshot aids which is actually fitted in her ears and he is really progressing well. His wife is active daily speech rehabilitation workouts with her offspring and she is appearing an ordinary playgroup or playschool , not having any  special support
Dimitri is a capable dentist but he is not able to find work in this field. He is on-going to aspect for effort in this part but in the interim, we see that he is  employed long times, which is actually the full week, in a meat dispensation vegetable in a town called North am,  He send s around $8000 in every four months for his wife and his daughter. His spouse is an gifted cook specifying in local food. Of Greek  When she did not had her offspring she use to run a very good restraint and she has printed a recipe book about Greek family cuisine. As her husband is not staying with her she is facing a lot of discrimination from the society since she is married. As soon as they got married in march 2012, Dimitri shifted to Australia and as soon as he went to Australia, her daughter was born. Due to monetary crisis in Greek the strategy was that Dimitri would lead his household here and, when everything would get settled down in terms of job, he would have actually acted as a promoter for Helene’s and Celesta’s subclass 309 visa application.
He actually wants that his wife and his child shifts to Australia as soon as possible. When he don’t have to send money to them he can actually start saving money so that he can  buy a house and begin donating to Australia as a family unit. He actually spoke to DIBP officer regarding the health issues that his daughter is facing and the officer said that he wants everything in writing (Australian Visa appeal , 2017)
A relinquishment of the essential to encounter the requirements of health or waiver of health issues) is accessible for candidates of convinced visa subclasses.
Note: No waiver of health is accessible where it is seen that  energetic tuberculosis exists, or another condition painstaking to be a hazard to civic health.
 A fitness relinquishment may only be drilled after a Medical Captain of the Nationality has strong-minded that the visa candidate is not meeting the needs of health requirement  and  we are satisfied that the surrendering of the visa would result in

excessive charges or
additional heaviness on well-being care and communal facilities that are in previously short stock in Australia.

If the letter  says PIC 4007 we can ask for a health waiver . Even if we  are declined the visa and the individual is in Australia, we can petition and effort to get a fitness  or health waiver. In certain conditions, if someone is in  overseas, we can appeal.
The letter should be given in 28 days from the response of the department (AUstralian Government, 2017)
If the valued health maintenance and civic provision charges of the wellbeing matter are AUD500,000 or larger, and/or preconception to admit  has been recognised, the material is heightened in the Department for extra valuation 
The wellbeing waiver is individually decided and would be ready and recognised very particularly and carefully.. We need to have a sound and wellbeing knowledge of  healthiness and migration issues to flourish in a suggestion. Frequently, if one individual bombs the well-being check, nobody will get the visa. This is known as “one fails, all fails”.  
The letter would be such that 
To
Department of immigration and protection 
Hello , 
This is Dmitri here.  As a brief introduction I am an Australian resident .I am a qualified dentist working in Australia .I have a small family which consist of my wife and children. My child is suffering from hearing loss problem  and she wants visa under section 309 so that we all can stay together. As per the provision my wife can get a visa as we are still happy married and are complying with the provisions. As per the provisions people having tuberculosis and  also people having any disease having high cost cannot be allowed a visa. My child does not fall under any of the provisions. My wife is giver her proper treatment and diagnosing her every week. We are ready to give proper health examinations which is required . As per the provisions the child is our own child, and she is under 18 years of age (AUstralian Government, 2017) 
There is a waiver position
That permits your backing to be accepted if the choice maker is content that convincing situations affecting or conditions  that still exists. Persuasive situations comprise, but actually not restricted to, are  • the previous spouse is no more or dies; • the preceding wife has uncontrolled the connection parting  with young children;

the relationship with the current fiancé is good
the husband and the wife have a children of their own. 

As far as the provisions and the knowledge resolution of the support restraint is to avoid manipulation of the husband migration programme and all characteristics of the conditions are applicable and taken into consideration  when seeing the relinquishment provision. The MOC thinks that she may be a candidate for cochlear implantation but I assure you that she is getting better by the treatments given by her mother. 
I just wish you grant my request so that we as a family can stay together and I hope you would consider my request 
Thank for the cooperation 
Regards
Dermot  
To make a valid request we  must:

comprehensive the request form 47SP Request for immigration to Australia by a spouse in English;
give the address(residential) where the indiviual offcially stay so that the application request can be send to the address. Under regulation, a post workplace box discourse cannot be putative as the home address
wage the compulsory Visa Request Custody or indication of sum;
lodge the request at the fitting workplace of the subdivision (AUstralian Government, 2017) 

References
Australian visa appeal (2017).Health Waiver [online] Available at: https://australianvisaappeal.com/health-waivers/ [Accessed  2nd June  2017]
Australian Government (2017).Health Waiver [online] Available at: https://www.border.gov.au/Trav/Visa/Heal/meeting-the-health-requirement/health-waivers [Accessed  2nd June  2017]
Australian Government (2017).Health Waiver provision [online] Available at: https://www.border.gov.au/Trav/Visa/Heal/overview-of-the-health-requirement/visas-that-have-a-health-waiver-provision [Accessed  2nd June  2017]
Australian Government (2017).Partner migration [online] Available at: https://www.border.gov.au/Forms/Documents/1127.pdf [Accessed  2nd June  2017]

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