I really don't know what to do.....

[ckaren]

I tried to applied my mum visa under Parent category which I posted here last time but declined so I helped my mum applied general visitor visa for 4 months, they asked my mum to provide ECG and report, Echocardiogram and report, Geriatrician report. All the reports that she did are quite good and even the doctor said that:
This 74 year old is a case of:
- breast cancer - mastectory May 2008
completed treatment
Disease free
- Diabetes on diet control
- Memory loss - mini mental state exam (23/29) (mild alzheimars disease)
- Activities of daily living
a) modified barthal (98/99) (highly independent)
b) Berg balance measure - 48/56 (low rish of falls)

"Doctar commented - I believe she is fit to travel and look after herself. She might need a companion in any new environment"

Then I received email from immigration officer said that my mum may not be of acceptable standard of heal for the reasons set out below:
A4.15 Acceptable standard of health (applicants for temporary entry class visas)
a. Applicants for temporary entry class visas must have an acceptable standard of health, unless they have been granted a visitor visa for the purpose of obtaining medical treatment (see V3.40) or have been granted a medical waiver (see A4.65).
b. Applicants for temporary entry class visas to New Zealand are considered to have an acceptable standard of health if they are:
i. unlikely to be a danger to public health; and
ii. unlikely to impose significant costs or demands on New Zealand's health services during their period of intended stay in New Zealand; and
iii. (if they are under 21 years of age and are applying for a student visa) unlikely to qualify for Ongoing Resourcing Schemes (ORS) funding during their period of intended stay in New Zealand; and
iv. able to undertake the work or study on the basis of which they are applying for a visa, or which is a requirement for the grant of the visa.
A4.15.1 Assessment of whether an applicant for a temporary entry class visa is unlikely to impose significant costs or demands on New Zealand's health services
a. Assessment of whether an applicant for a temporary entry class visa is likely to impose significant costs or demands on New Zealand's health services will take into account whether there is a relatively high probability that the applicant will need publicly funded health services during their period of stay in New Zealand including, but not limited to:
· hospitalisation;
· residential care;
· high cost pharmaceuticals;
· high cost disability services.


Medical assessor’s comments
We sent your medical and chest x-ray certificates to the Immigration New Zealand medical assessor (MA) for consideration.

The medical assessor (MA) has advised that you do not meet the acceptable standard of health for entry to New Zealand on the basis that you are likely to impose significant costs or demands on New Zealand’s health services during your period of intended stay in New Zealand. This assessment has taken into account whether there is a relatively high probability that the applicant will need publicly funded health services during their period of intended stay in New Zealand including, but not limited to: hospitalisation, residential care, high cost pharmaceuticals and high-cost disability services.

Specifically the MA has noted the following medical conditions:
o Alzheimer’s Disease
o Breast cancer
o Hypertension (increased risk of stroke)

MA has noted that specialist dementia units are oversubscribed throughout New Zealand.

We have not made a decision on your application at this stage. We invite you to make comments or provide information in response to our concerns.

You may provide further information by 16 September 2013
Any comments or further information must be sent to this office by 16 September 2013. See the bottom of page one of this letter for the address. For example, you may provide a medical opinion from a suitably qualified professional.

All supporting documents must be original or certified copies of originals and, if not in English, must be translated into English by a recognised and independent translation service.

What will happen next?
If you provide another medical opinion from a suitably qualified professional which disputes the original assessment above we will forward this to our medical assessor for their further consideration.

If the final assessment is that you do not have an acceptable standard of health, or if you do not provide a further medical opinion, we will assess your application against relevant immigration instructions (A4.65) to decide if you can be considered for a medical waiver.
A4.65 Medical waivers (applicants for temporary entry class visas)
a. Applicants for temporary entry class visas will not be considered for the grant of a medical waiver unless they:
i. are applying for work visas as seconded business personnel (see A4.65.1 below); or
ii. have submitted a claim for refugee or protection status in New Zealand; or
iii. have been recognised as having refugee or protection status in New Zealand; or
iv. are the partner or dependent child of a New Zealand citizen or residence class visa holder; and
o the purpose of their stay in New Zealand is to be with that New Zealand citizen or residence class visa holder; and
o if they applied for a residence class visa in New Zealand they would meet the criteria for residence under Partnership (see F2.5 (a)) or Dependent Child (see F5.1(a)) instructions.
b. Despite A4.65(a)(iv) medical waivers will not be granted to applicants who:
i. are applying for a temporary entry class visa as the partner or dependent child of a New Zealand citizen, or residence class visa holder; and
ii. were eligible for inclusion in their partner or parent’s earlier application for a residence class visa, but were not included; or
iii. were withdrawn from their partner or parent’s earlier application for a residence class visa.
Note: The grant of a medical waiver for the purpose of temporary entry to New Zealand does not confirm that the applicant has an acceptable standard of health for the purposes of residence in New Zealand or that a medical waiver would be granted if a residence class visa application were made. This does not prevent an immigration officer considering whether or not an applicant is likely to be granted a medical waiver for the purpose of residence in New Zealand.
What happens if you do not send any comments or additional information?
If you do not send any comments or information by the date requested above we will make a decision on your application based on the information you have already given us. We are unlikely to approve your application based on this information.

What happens if your circumstances change?
You must tell us about any changes to your circumstances that may affect your application for a visa, including:
* changes to the personal or family circumstances of any person included in the application,
* changes to your address or contact details (including postal address, email address, and telephone number),
* changes to your business or employment,
* changes to your study if you are applying for a student visa.

If you do not tell us about changes to your circumstances, we may decline to grant you a visa or you may become liable for deportation. While you are in New Zealand, you must make sure you hold a valid visa at all times.


I really don't know what to do?? I don't understand why as the doctor already provided commented that she is fit to travel. Is that anyone can help me to find immigration advisor or lawyer for this issue as I feel it is not fair to my mum situation.

[Karen Phillips]

Hi. This is really sad for you and your mother. I would definitely send some sort of reply to get to the INZ Branch by the deadline on Monday. In it, I would ask for a medical waiver. I would point out that you have already provided evidence that you mother is free of breast cancer - give date of letter and name of doctor who wrote it. Do you have anything from her GP that provides a record of hypertension within reasonable boundaries or controlled on medication? If not, ask that you be given a few days in which to gather this evidence and submit it. I would also consider asking if INZ would consider a shorter visit (thus lowering the risk that your mother would require medical treatment while in NZ). You could also stress that as this is only a short visit, you fully understand that your mother would not be eligible for health care in NZ and would need private medical insurance - could she get this? INZ may be concerned that once in NZ, your mother would overstay because she had no strong motive to return to her own country. Did she provide evidence that she had a home to which to return and other evidence of her "bona fide" intentions to leave before her visa expired? One other possibility, is that you could see if they would grant this shorter visa as a Limited Visa - this means that she has to leave before it expires and cannot extend it. It may just tip the balance. I know I have asked as many questions as I have answered, but I am happy to continue this dialogue either her on the Forum or via Private Messages. Karen LIA.