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

[Jasun]

You'll have to disclose any previous failed applications, but you can always apply again. I once had a visa rejected on the grounds that the reasons for visiting were not good enough - visiting my brother for his 21st birthday. A couple of months later, a separate but almost identical application was approved - visiting my brother for Xmas. Sometimes, I think it just comes down to the mood of the person processing your application. Good luck.

[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.

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..

Not visitor visas. These are decided at the embassy and there is no appeal process.

(you could re-apply if you feel circumstances have changed)

Perhaps TR visas can be reviewed. (work visas)

Edited June 13, 2013 by Old Croc

[krisb]

Can I sue!....yes, go for it!

[aarn]

I brought Cambo GF over to Oz on fiancee visa, in 2006. Cost the earth ($1100 visa fee back then), but gave her six months to marry or leave. She had to do a gamut of med tests (cost $100) through International Organisation for Migration (in Phnom Penh), and she was initially diagnosed with TB. So another repeat set Xrays etc ($100), and the false +ve was revised to -ve.

So, no fairy tale ending, but there are more ways of killing the cat than contemplating legal action.

Good luck, AA

ps. some of my friends in Oz been HIV +ve and still perfectly health, on the meds. I think Oz health authorities recognize this.

[krisb]

I brought Cambo GF over to Oz on fiancee visa, in 2006. Cost the earth ($1100 visa fee back then), but gave her six months to marry or leave. She had to do a gamut of med tests (cost $100) through International Organisation for Migration (in Phnom Penh), and she was initially diagnosed with TB. So another repeat set Xrays etc ($100), and the false +ve was revised to -ve.

So, no fairy tale ending, but there are more ways of killing the cat than contemplating legal action.

Good luck, AA

ps. some of my friends in Oz been HIV +ve and still perfectly health, on the meds. I think Oz health authorities recognize this.

If you think that cost the Earth, dont try for any visas nowadays! Thats quite cheap what you paid I think.

[Will27]

Maybe the OP can come along and provide an update from the application.

In the meantime, I have a few questions.

Was being HIV declared on the original application? I'm assuming yes as you

have said that the visa was difficult to get with lots of questions being asked.

If it was declared, IMO, there has been no material change in circumstances so I

cannot see why it would be an issue for the second visa.

The thing I'm most dubious about is when you state " Now the second application 3 months

later looks about to be refused on grounds of health". My general understanding is that in

most cases, the visa is either granted or refused and rarely would you know "that is looks

like being refused". How do you know this? What has the case officer said to you?

I'm also reluctant to believe that a disgruntled ex-wife would have any input on an application

unless there was substantial evidence of wrong doing provided.

Again, maybe the OP can come along and fill in a few holes.

Regards

Will

[beano2274]

Never knew that there was a section asking if you had any diseases on a Visa Application form, never come across it on Schengen Visa application forms or UK Visa forms.

[briboy]

Maybe the OP can come along and provide an update from the application.

In the meantime, I have a few questions.

Was being HIV declared on the original application? I'm assuming yes as you

have said that the visa was difficult to get with lots of questions being asked.

If it was declared, IMO, there has been no material change in circumstances so I

cannot see why it would be an issue for the second visa.

The thing I'm most dubious about is when you state " Now the second application 3 months

later looks about to be refused on grounds of health". My general understanding is that in

most cases, the visa is either granted or refused and rarely would you know "that is looks

like being refused". How do you know this? What has the case officer said to you?

I'm also reluctant to believe that a disgruntled ex-wife would have any input on an application

unless there was substantial evidence of wrong doing provided.

Again, maybe the OP can come along and fill in a few holes.

Regards

Will

if an ex (male or female) has a friend in a system, any system public or private that is a bit higher than the front desk it is supprising what a missed placed or spelled word can do to head things of on another tangent,oh sorry spell check never picked that up, dont underestmate anyone with a bone to pick......

Edited June 16, 2013 by briboy

[Will27]

Maybe the OP can come along and provide an update from the application.

In the meantime, I have a few questions.

Was being HIV declared on the original application? I'm assuming yes as you

have said that the visa was difficult to get with lots of questions being asked.

If it was declared, IMO, there has been no material change in circumstances so I

cannot see why it would be an issue for the second visa.

The thing I'm most dubious about is when you state " Now the second application 3 months

later looks about to be refused on grounds of health". My general understanding is that in

most cases, the visa is either granted or refused and rarely would you know "that is looks

like being refused". How do you know this? What has the case officer said to you?

I'm also reluctant to believe that a disgruntled ex-wife would have any input on an application

unless there was substantial evidence of wrong doing provided.

Again, maybe the OP can come along and fill in a few holes.

Regards

Will

if an ex (male or female) has a friend in a system, any system public or private that is a bit higher than the front desk it is supprising what a missed placed or spelled word can do to head things of on another tangent,oh sorry spell check never picked that up, dont underestmate anyone with a bone to pick......

For a start, the application is assessed in Thailand, so the chances of the ex-wife knowing someone in the Bangkok office would be remote I'd suggest.

Also, the Public Service is not what is was 20 or so years ago. What with Code of Conduct, internal reviews, Freedom of information requests, Ombudsman involvement etc, I seriously doubt that someone would jeopardize their job to "help out a friend".

We still need a bit more information from the OP to give more reliable information.

But to answer his original question, no he can't sue.

[thaicbr]

Maybe the OP can come along and provide an update from the application.

In the meantime, I have a few questions.

Was being HIV declared on the original application? I'm assuming yes as you

have said that the visa was difficult to get with lots of questions being asked.

If it was declared, IMO, there has been no material change in circumstances so I

cannot see why it would be an issue for the second visa.

The thing I'm most dubious about is when you state " Now the second application 3 months

later looks about to be refused on grounds of health". My general understanding is that in

most cases, the visa is either granted or refused and rarely would you know "that is looks

like being refused". How do you know this? What has the case officer said to you?

I'm also reluctant to believe that a disgruntled ex-wife would have any input on an application

unless there was substantial evidence of wrong doing provided.

Again, maybe the OP can come along and fill in a few holes.

Regards

Will

if an ex (male or female) has a friend in a system, any system public or private that is a bit higher than the front desk it is supprising what a missed placed or spelled word can do to head things of on another tangent,oh sorry spell check never picked that up, dont underestmate anyone with a bone to pick......

For a start, the application is assessed in Thailand, so the chances of the ex-wife knowing someone in the Bangkok office would be remote I'd suggest.

Also, the Public Service is not what is was 20 or so years ago. What with Code of Conduct, internal reviews, Freedom of information requests, Ombudsman involvement etc, I seriously doubt that someone would jeopardize their job to "help out a friend".

We still need a bit more information from the OP to give more reliable information.

But to answer his original question, no he can't sue.

Ex wife could be Thai. For all we know the current gf is the ex wife's sister

Sent from my GT-P1010 using Thaivisa Connect Thailand mobile app

[theblether]

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?

First of all there have been many HIV sufferers jailed for what you describe. Sorry to burst your balloon.

Secondly, accidental injury perhaps? Or maybe you can guarantee that this lady will not need medical attention at any time during her stay? What kind of uproar would there be if this lady accidentally infected a medical worker of anyone else for that matter? You get the idea.

This is the reason why we have Immigration Officers, so that they can make their professional judgement as to the risks and benefits of granting a visa. I think we should just leave it to them.

[ALFREDO]

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

I think, you never have been "really" in love! =Its not, just drive another type of car!=

[SinglePot]

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

Really?

[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?

First of all there have been many HIV sufferers jailed for what you describe. Sorry to burst your balloon.

Secondly, accidental injury perhaps? Or maybe you can guarantee that this lady will not need medical attention at any time during her stay? What kind of uproar would there be if this lady accidentally infected a medical worker of anyone else for that matter? You get the idea.

This is the reason why we have Immigration Officers, so that they can make their professional judgement as to the risks and benefits of granting a visa. I think we should just leave it to them.

there may be HIV "sufferers" that have done that, in fact there most certainly are, but is it the norm?

do australian medical workers not take precautions?

to exclude someone from travel solely on the basis of being HIV positive (rather than being a "sufferer") is ignorant, plain and simple.

As for not questioning immigration policies and the judgement of immigration officers, i believe government should have to justify their policies and actions, and not just left to get on with it.

[Old Croc]

The passage in italics reproduced below is from the Tourist Visa application form. There is no indication that having one of the prescribed medical conditions would prevent the grant of the visa.

It only asks if you expect to incur medical costs or have followup medical treatment when in Australia.

If the answer to this is yes, it is likely you would be given a medical visitor visa, with certain restrictions, in lieu.

It is more about ensuring overseas visitors are not taking advantage of Australia's medical system rather than protecting locals from contracting, e.g. pregnancy, from the visitor.

During your proposed visit to Australia, do you expect to incur medical costs, or require treatment or medical follow up for:

• blood disorder; • cancer; • heart disease; • hepatitis B or C and/or liver disease; • HIV Infection, including AIDS; • kidney disease, including dialysis; • mental illness; • pregnancy; • respiratory disease that has required hospital admission or oxygen therapy; • other?

Edited June 16, 2013 by Old Croc

[Bcgardener]

Could be just an excuse to refuse the visa as they believe it may turn into more than a holiday. One of the visa officers at the embassy here told me, a few years ago now, that... First visit to see if they like it, second visit they don't come back.

Sent from my GT-I9300 using Thaivisa Connect Thailand mobile app

[Old Croc]

Could be just an excuse to refuse the visa as they believe it may turn into more than a holiday. One of the visa officers at the embassy here told me, a few years ago now, that... First visit to see if they like it, second visit they don't come back.

Sent from my GT-I9300 using Thaivisa Connect Thailand mobile app

Many Thais get refused for many reasons, such as no job to return to, or insufficient funds.

The OP was just a little hysterical with his conspiricy theories and talk of suing.

[wooloomooloo]

What was the exact wording of the refusal, Dr Robert.

I little more information assists in getting to the heart of the matter.

[SinglePot]

2 questions for the OP.

When did she tell you she was HIV+ ? (None of my business).

Why don't you ask for info and advice on an HIV forum where topics like this are discussed day in day out by people who understand all the issues?

[Morakot]

Robert, I wish you strength in these difficult times.

[theblether]

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?

First of all there have been many HIV sufferers jailed for what you describe. Sorry to burst your balloon.

Secondly, accidental injury perhaps? Or maybe you can guarantee that this lady will not need medical attention at any time during her stay? What kind of uproar would there be if this lady accidentally infected a medical worker of anyone else for that matter? You get the idea.

This is the reason why we have Immigration Officers, so that they can make their professional judgement as to the risks and benefits of granting a visa. I think we should just leave it to them.

there may be HIV "sufferers" that have done that, in fact there most certainly are, but is it the norm?

do australian medical workers not take precautions?

to exclude someone from travel solely on the basis of being HIV positive (rather than being a "sufferer") is ignorant, plain and simple.

As for not questioning immigration policies and the judgement of immigration officers, i believe government should have to justify their policies and actions, and not just left to get on with it.

No it's not........it's the duty of the state to protect it's citizens. If the Immigration Officials decide on balance it's in the common good to bar someone from the country then that's fine by me.

[joeaverage]

I pity you if you perceive people with HIV one of the things "citizens" require the protection of the state from.

for all your posturing you are disappointingly parochial in your beliefs and certainly not worth the effort of further discussion.

[theblether]

I pity you if you perceive people with HIV one of the things "citizens" require the protection of the state from.

for all your posturing you are disappointingly parochial in your beliefs and certainly not worth the effort of further discussion.

Nothing parochial about it, the state of Australia is entitled to judge if it's worth allowing a HIV infected tourist into the country. That's a matter for immigration officials to judge, not me, and not you.

I have made that point clear.

[beano2274]

The only question about HIV on the application form is

32

During your proposed visit to Australia, do you expect to incur medical

costs, or require treatment or medical follow up for:

•

blood disorder;

•

cancer;

•

heart disease;

•

hepatitis B or C and/or liver disease;

•

HIV Infection, including AIDS;

•

kidney disease, including dialysis;

•

mental illness;

•

pregnancy;

•

Edited June 16, 2013 by beano2274

[Jay Sata]

Big ticket items for the nation if the person needs medical attention which cannot be denied.

[David48]

But remember the question the OP asked ...

I've rearranged the title and the OP for clarification*.

My girlfriend who is HIV positive, is applying for a second 'Tourist Visa' into Australia and that application is yet to be approved.

Should the second application be refused ... can I sue the Australian Government?

I maintain the answer is NO.

You are not the applicant, not a party to the application, but simply a functionary of the application, presuming that you have assisted with the application through a pledge of fiscal support.

The Australian Government can refuse most Visa Applications on differing grounds.

To the OP ... what Visa did your partner apply for recently?

The 676 Visa or the 600 Visa?

* OP ... if I have stated something incorrectly or have not worded it as to your original intent ... please correct me.

[theoldgit]

Post suggesting illegal action, and a response, removed.

[Will27]

What was the exact wording of the refusal, Dr Robert.

I little more information assists in getting to the heart of the matter.

At this stage, there has been no refusal.

[Will27]

The facts so far as we know it are that the OP's partner has applied for a 2nd tourist visa.

He was asking IF it was refused on the grounds of her being HIV positive, can he sue the

government and the general consensus is no.

Having HIV doesn't seem to be a deal breaker when applying for a temporary visa and there

are cases of people with HIV being granted permanent resident visa's.

So there's no point jumping at shadows. For all we know, a visa may have been granted.

Having said that, there does seem to be a few holes in the opening post.

I hope the OP comes along with an update.

Regards

Will

[SinglePot]

Agreed. Holes the size of an Australian coal mine.

Anyway. Some good news for the OP.

The US recently changed its rules about HIV+ entry into the country because of uproar from the HIV community and other human rights groups. Life expectancy with modern treatment is virtually the same as for non infected people. Serodiscordant couples ( one partner +ve, other partner -ve) need to follow basic rules to live together happily ever after.