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

[Sheryl]

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 "

Need to read further. Specific to HIV:

"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"

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

So sounds like she just needs to be assessed by a MOC (if available, show most recent VL results) and would then most likely be issued the visa. It's not like TB or other infectious diseases in terms of immigration policy, for obvious reasons (not airborne or spread by casual contact).

[ChiangMai101]

In all honesty, I would just tell them to shove it. It's their loss. Go spend your hard-earned where you are welcomed.

[Old Croc]

In all honesty, I would just tell them to shove it. It's their loss. Go spend your hard-earned where you are welcomed.

The OP is Australian who wants his girlriend to visit with him there.

[Dr Robert]

I have been prompted to return to the posting I made, originally on this topic and the result was that we managed to have a successful outcome with visa. this was somewhat ironic as, given the warning it was not looking good, I went for a reverse visa and now live here in Thailand, HH, although we spent a happy month in Aus meeting family etc.

my sincerest thanks to those compassionate people who gave me heart and hope for the decency of expats in TV, who reinforced that what we attempted was the right thing to do. love does really conquer all. To you supporters, all, I humbly remove my hat and bow with thanks

I am a proud member of such a community that acts with such humanity at times, (including Aus immigration)

[krisb]

You wanted to sue them, now you take your hat off to them for showing such compassion.

[GrantSmith]

You wanted to sue them, now you take your hat off to them for showing such compassion.

But did DIAC really show compassion or did they simply just do their job?

Seems to be the latter, in that, at least for as far as the OP has informed us, there was not a refusal of her visa.

Likely that the OP got a bit excitable over the delay in the issuance of her visa and was jumping to conclusions and looking for an alternative if his fantasies became reality.

At the end of the day, it was an intriguing story...

[englishinsiam]

I don't know how the Aussie health system works but the Uk National Health is plagued by Foreign Nationals on tourist visas using up tax payers resourses.

I think this may be the main reason for refusal. Although tourists to the Uk aren't eligible for NHS care no hospital would turn you away for treatment. And unlike Thai hospitals there is no wheeling you down the atm every day.

I believe that all Tourists should have compulsory health insurance same when we visit Thailand.

My wife's sister is Hiv positive Thanks to her druggy ex boyfriend and we know the chances of getting her to the uk to visit us are slim to none. There is no human rights need to issue a tourist visa either. A country can have whoever it likes in and refuse on the same basis.

Sent from my GT-I9505 using Thaivisa Connect Thailand mobile app

[David48]

I have been prompted to return to the posting I made, originally on this topic and the result was that we managed to have a successful outcome with visa. this was somewhat ironic as, given the warning it was not looking good, I went for a reverse visa and now live here in Thailand, HH, although we spent a happy month in Aus meeting family etc.

my sincerest thanks to those compassionate people who gave me heart and hope for the decency of expats in TV, who reinforced that what we attempted was the right thing to do. love does really conquer all. To you supporters, all, I humbly remove my hat and bow with thanks

I am a proud member of such a community that acts with such humanity at times, (including Aus immigration)

I warmly appreciate you returning and completing the story.

Takes a bit of bottle to do that ... and I tip my hat to you ...

.