if HIV positive girlfriend refused Aus Visa-can I sue?

[Dr Robert]

My girlfriend, the love of my love is HIV positive. Its a bummer but its a fact and we both deal with it. Get over the revulsion.

She visited me with a tourist visa in Aus for 3 months. It was a difficult visa to get with a lot of questions, some sulking bureaucrats and reluctant acceptance; she came, saw and conquered. Now the second application 3 months later looks about to be refused on grounds of health. She is as healthy as a HIV positive person could be.

I am utterly outraged at this potential breach of human rights and breach of Australian law.

Can anyone offer sensible suggestions as to how I might pursue this injustice?

[manarak]

Why do the Australian authorities even know about her HIV infection?

Pathologies with preventable contagion are better kept a secret.

[Dr Robert]

Why do the Australian authorities even know about her HIV infection?

Pathologies with preventable contagion are better kept a secret.

Ex wife with axe to grind dobbed in to immigration

[uptheos]

Just a guess, but I reckon a HR lawyer might be able to answer your question.

[thaicbr]

So 2nd application for tourist visa or more?

Sent from my i-mobile i-STYLE Q6

[jrtmedic]

Take a look here

http://www.immi.gov.au/allforms/health-requirements/overview-health-req.htm

[manarak]

Why do the Australian authorities even know about her HIV infection?

Pathologies with preventable contagion are better kept a secret.

Ex wife with axe to grind dobbed in to immigration

ah, wow.

I understand what your ex must feel. Did she back it up with proof?

If not, your girlfriend shout just sue the ex wife for libel & slander?

You won't have to prove anything regarding the presence or not of HIV.

About the visa itself, I'm not knowledgable enough, but I guess it should not get refused on the basis of libel & slander.

[jrtmedic]

And note this

http://www.immi.gov.au/allforms/health-requirements/significant-costs-services-short-supply.htm

"Diseases or conditions that result in significant costs

No diseases or health conditions automatically result in a failure to meet the health requirement on significant cost grounds. This is because the likely costs will depend on the form and severity of the condition.

However, the most common diseases to result in a failure to meet the health requirement for a permanent visa include:

• HIV infection
• intellectual impairment
• cancer
• renal disease or failure.

If a MOC assesses you as unable to meet the health requirement on the grounds of significant cost, you will be refused unless a health waiver is available.
See: Health Waivers "

[glegolo]

Take a look here

http://www.immi.gov.au/allforms/health-requirements/overview-health-req.htm

Japp there it is, the same as for all other countries I guess. It is a threat a potentiel deaththreat. And the threat is coming from another country... The protection for the citizen of the country in question is the mail reason here...

Awful situation for you two guys, but understandable really if you look at it from other peoples perspektiv. Alternative can be maybe to stay in Thailand and let Thailand take care of it´s citizens.... Dont mean any harm just a suggestion in this sad situation for you.

Glegolo

[Wavefloater]

I hope your gf was tested more than once. False positive results do occur, and according to some sources, it's not that uncommon.

[Jay Sata]

And note this

http://www.immi.gov.au/allforms/health-requirements/significant-costs-services-short-supply.htm

"Diseases or conditions that result in significant costs

No diseases or health conditions automatically result in a failure to meet the health requirement on significant cost grounds. This is because the likely costs will depend on the form and severity of the condition.

However, the most common diseases to result in a failure to meet the health requirement for a permanent visa include:

• HIV infection
• intellectual impairment
• cancer
• renal disease or failure.

If a MOC assesses you as unable to meet the health requirement on the grounds of significant cost, you will be refused unless a health waiver is available.

See: Health Waivers "

As someone who has lived in Australia in the past I can only speak from experience.

Compared to most parts of the world the country has a small population base of around 20 million and when you strip out retiree's and children/students/ government workers you are looking at around half paying taxes.

It took me a year to get my family migrant visa and this included medical tests. They are just not prepared to fund expensive Medicare.

Harsh maybe but that's how it is.

You'll be wasting your time trying to sue.

[Dr Robert]

most people missed the point -the application is for a 3 month tourist visa, not residency

[Dr Robert]

So 2nd application for tourist visa or more?

Sent from my i-mobile i-STYLE Q6

see above

[Jay Sata]

I doubt you could sue. Only the refused visa applicant could try to sue and that would be very difficult from outside Australia.

[thaicbr]

most people missed the point -the application is for a 3 month tourist visa, not residency

But you are setting her up for a residency visa aren't you?

The rules are there . Maybe you could contest them on the basis that it was ok last time.. But it states somewhere on that website that they do not take whats happened before into consideration.

[Dr Robert]

most people missed the point -the application is for a 3 month tourist visa, not residency

But you are setting her up for a residency visa aren't you?

The rules are there . Maybe you could contest them on the basis that it was ok last time.. But it states somewhere on that website that they do not take whats happened before into consideration.

_____________________________________________

________

Residency is a longer term plan but not the point. Happy to live in Bangkok where there is a more enlightened attitude but this is just a tourist visa to show her other parts of Aus and meet family members in other states. I dont get that they would refuse if (as I have) I go guarantor at all levels financially, including medical.

[wprime]

Easier to just get a girlfriend who doesn't have HIV.

[David48]

The OP, you ask the question "if HIV positive girlfriend refused Aus Visa-can I sue?"

My reply simply ... I hope not.

Indeed, why would you be able to sue?

You have not been refused the Visa, a Thai National* has been.

The Australian government owes no duty to your partner in these circumstances.

You write "I am utterly outraged at this ... breach of Australian law." exactly the opposite. The Australian law as expressed through the Dept on Immigration clearly states that a person with a serious communicable disease is not acceptable.

I don't doubt for 1 sec that you are in love and that the strength of your love can overcome the obstacles in the path of you both ... but that future will not be made in Australia.

Is your commitment to your partner strong enough to re-locate to Thailand?

* presumption that, due to the nature of the Forum, your gf is Thai

.

[whybother]

From: http://www.immi.gov.au/allforms/health-requirements/threats-public-health.htm

HIV and hepatitis are not generally considered to be threats to public health. If you are a temporary visa applicant assessed as having these conditions you may be found to be a threat to public health if you:

• intend to work as a doctor, dentist, nurse or paramedic whilst in Australia
• have a viral load of a certain level
• intend to undertake Exposure Prone Procedures as part of your duties. This refers to procedures where there is a risk of contact between the worker’s blood and the patients open tissue.

In all other cases, if you have HIV or hepatitis you will only be assessed by a MOC to determine whether your condition would result in significant health care or community service costs and/or ‘prejudice the access’ of Australian citizens and permanent residents to services in short supply.

Unless she is actually needing medical care, I don't think the HIV should be an issue.

[jrtmedic]

"most people missed the point -the application is for a 3 month tourist visa, not residency"

Believe the tourist visa application form includes questions about an applicants health to which the Australian Immigration officials expect honest answers.

Ref http://www.immi.gov.au/allforms/pdf/1419.pdf

Edited June 12, 2013 by jrtmedic

[simple1]

OP: Thailand is in the high risk category for visa provision by DIAC. Some content below, but you need to check if it applies to long stay tourist visa.

"If you do not meet the health requirement and a waiver is not available or exercised, then under Australian migration law you

will not be granted a visa. An officer of the department will inform you of any review options"

As a speculative comment, if they ask for medical insurance as a part of a review process for your GF, would that be available? The URL below does have content that may be applicable to your GF's situation; perhaps contact them for some guidance.

http://hivtravel.org/Default.aspx?PageId=143&CountryId=23

Edited June 12, 2013 by simple1

[joeaverage]

Take a look here

http://www.immi.gov.au/allforms/health-requirements/overview-health-req.htm

Japp there it is, the same as for all other countries I guess. It is a threat a potentiel deaththreat. And the threat is coming from another country... The protection for the citizen of the country in question is the mail reason here...

Awful situation for you two guys, but understandable really if you look at it from other peoples perspektiv. Alternative can be maybe to stay in Thailand and let Thailand take care of it´s citizens.... Dont mean any harm just a suggestion in this sad situation for you.

Glegolo

and how would it be a death threat?

unless, of course, you believe it could be contracted from the toilet seat.

hope you work it out OP

[Bikkii]

I cannot believe that for a "tourist-visa" which is only temporary at best, HIV status would be an issue. Very surprising indeed. Understandibly if for work or residence then it is compulsory to test like most other countries in the world.

Good luck pal, hope you get the results you need.

[jackinbkk]

I know it's not nice to listen to for the OP but many people would be very happy if visas were denied to people with health conditions like HIV.

I know for a fact that IOs are supposed to assess each person entering the country and the danger they may pose to citizens. This is for things like will the person be likely to harm others, commit crimes and are they a good law abiding citizen?

I'm nearly amazed that a HIV carrier isn't seen in a similar way. I realise HIV is not the death sentence it once was and that it can be controlled with modern medication but it is still a scary incurable disease.

[IsaanAussie]

Dr. Robert, I admire your commitment to a relationship you prize. My hat is off to you sir.

I have a reasonable background in what influences politicians in Australia, and sueing them isn't one of them.

I'm an Aussie and proud of the heritage but now it is all about politics and posturing. If thousands of "fake" immigrants can be accomodated at taxpayers expense then why should some small minded idiot stop your girlfriend from visiting or in the future even settling. She has a viral disease which can be controlled and hopefully one that will be curable. If you can prove there are no other grounds for her visa being refused, and you can show proof that you can pay for any and all medical treatment and drugs. Then there are no issues.

Get down and dirty, contact the trash press and the opposition policitians. Why?

AUSTRALIANS WILL ALWAYS SUPPORT THE UNDERDOG.

Go viral of the net!!!! Only appropriate....

[Old Croc]

There is no appeal process for a visitor visa refusal. Millions are refused yearly, imagine the chaos if appeals were possible.

I may be wrong here, but I believe some with HIV have been granted permanent visas after review and full medical assessment.

[xen]

There is no appeal process for a visitor visa refusal. Millions are refused yearly, imagine the chaos if appeals were possible.

I may be wrong here, but I believe some with HIV have been granted permanent visas after review and full medical assessment.

I may be wrong but i thought you could appeal a temporary visa refusal ( the same with all visa refusals) but it will cost you more than the original application fee and that discourages most plus it is an exercise in frustration and lost time devoted to the appeal. Most just wait and apply again later and see if it is handled by a different case manager..

[manarak]

no reason for hysteria about HIV for a tourist visa - especially for a girlfriend.

The risk of contagion is probably less than causing a fatal accident when driving during that time.

[joeaverage]

I know it's not nice to listen to for the OP but many people would be very happy if visas were denied to people with health conditions like HIV.

I know for a fact that IOs are supposed to assess each person entering the country and the danger they may pose to citizens. This is for things like will the person be likely to harm others, commit crimes and are they a good law abiding citizen?

I'm nearly amazed that a HIV carrier isn't seen in a similar way. I realise HIV is not the death sentence it once was and that it can be controlled with modern medication but it is still a scary incurable disease.

your ignorance and plague mentality astonish me.

truly neandrethal.

your unspoken assumption is people with HIV are by definiton both careless and promiscuous and that they will actively seek to endanger others.

if that is not the case, how could they possibly be a threat?

Edited June 13, 2013 by joeaverage

[Dr Robert]

I know it's not nice to listen to for the OP but many people would be very happy if visas were denied to people with health conditions like HIV.

I know for a fact that IOs are supposed to assess each person entering the country and the danger they may pose to citizens. This is for things like will the person be likely to harm others, commit crimes and are they a good law abiding citizen?

I'm nearly amazed that a HIV carrier isn't seen in a similar way. I realise HIV is not the death sentence it once was and that it can be controlled with modern medication but it is still a scary incurable disease.

your ignorance and plague mentality astonish me.

truly neandrethal.

your unspoken assumption is people with HIV are by definiton both careless and promiscuous and that they will actively seek to endanger others.

if that is not the case, how could they possibly be a threat?

Thanks Joe-its my thinking exactly-thanks for the support and compassion