Expat Forum For People Moving Overseas And Living Abroad banner
1 - 11 of 11 Posts

·
Registered
Joined
·
2 Posts
Discussion Starter · #1 ·
Hello everyone in the group.

I have a very typical situation which I would like everyone sincere opinion on.
My family was granted subclass visa 190 for South Australia on 6th may 2016. Our 1st entry date is mentioned as 8th aug. I am the primary applicant and my wife and 2.5 yr old daughter are dependents.

My spouse and daughter received medical clearance in Nov 15. however unfortunately my daughter was diagnosed with Leukemia - B cell ALL ( Blood cancer ) on the 12 feb 2016. We immediately started her chemotherapy treatment here in India, and by Gods grace she is responding well to the treatment. She has a months break in her treatment now and our doctor has given consent for a short travel.

We have booked air tickets to land in Melbourne on 6th Aug for 10 days trip to fulfill our 1st entry requirement. We plan to move finally relocate in Jan 2017 once her major treatment is over by Nov end in India.

My query is do I have declare my daughters health condition now to DIBP before arrival or should we declare on arrival ? ( I believe , I should inform before we leave )
Will DIBP put our visa on hold on knowing about her health status ?

Will appreciate all further advise on the way to go ahead in current scenario.

Regards,
 

·
Registered
Joined
·
2,949 Posts
They've already granted your visa, so there's nothing to put on hold. If she hadn't been diagnosed when your visa was granted, then you don't need to declare anything to DIBP.
 
  • Like
Reactions: mukeshsharma

·
Registered
Joined
·
390 Posts
Hello everyone in the group.

I have a very typical situation which I would like everyone sincere opinion on.
My family was granted subclass visa 190 for South Australia on 6th may 2016. Our 1st entry date is mentioned as 8th aug. I am the primary applicant and my wife and 2.5 yr old daughter are dependents.

My spouse and daughter received medical clearance in Nov 15. however unfortunately my daughter was diagnosed with Leukemia - B cell ALL ( Blood cancer ) on the 12 feb 2016. We immediately started her chemotherapy treatment here in India, and by Gods grace she is responding well to the treatment. She has a months break in her treatment now and our doctor has given consent for a short travel.

We have booked air tickets to land in Melbourne on 6th Aug for 10 days trip to fulfill our 1st entry requirement. We plan to move finally relocate in Jan 2017 once her major treatment is over by Nov end in India.

My query is do I have declare my daughters health condition now to DIBP before arrival or should we declare on arrival ? ( I believe , I should inform before we leave )
Will DIBP put our visa on hold on knowing about her health status ?

Will appreciate all further advise on the way to go ahead in current scenario.

Regards,
Firstly, I'm glad to hear that your daughter is responding to treatment.
No - DIBP is concerned with infectious diseases like TB (and currently incurable ones like HIV). She's fine to enter the country. In fact, they'd be more concerned with any organic items (fruit/veg/meat/etc) in your baggage.
 

·
Registered
Joined
·
5,182 Posts
First off, I wish your daughter gets well soon

If your daughter was diagnosed after an offshore grant and before making first entry, you have an obligation to report the matter to the department. Whether they will cancel or not is up to them, but they will probably do.

This obligation is under s104 of the migration act.

MIGRATION ACT 1958 - SECT 104 Changes in circumstances to be notified

Failure to comply might trigger a s109 or s116 cancellation.
 

·
Registered
Joined
·
5,182 Posts
They've already granted your visa, so there's nothing to put on hold. If she hadn't been diagnosed when your visa was granted, then you don't need to declare anything to DIBP.
Firstly, I'm glad to hear that your daughter is responding to treatment.
No - DIBP is concerned with infectious diseases like TB (and currently incurable ones like HIV). She's fine to enter the country. In fact, they'd be more concerned with any organic items (fruit/veg/meat/etc) in your baggage.
That is incorrect. It would have been correct only if the visa was granted onshore and she was diagnosed later on, or if the visa was granted offshore, and the diagnosis happened AFTER making first entry
 

·
Registered
Joined
·
2,949 Posts
That is incorrect. It would have been correct only if the visa was granted onshore and she was diagnosed later on, or if the visa was granted offshore, and the diagnosis happened AFTER making first entry
Thanks for the correction.
 

·
Super Moderator
Joined
·
5,697 Posts
First off, I wish your daughter gets well soon

If your daughter was diagnosed after an offshore grant and before making first entry, you have an obligation to report the matter to the department. Whether they will cancel or not is up to them, but they will probably do.

This obligation is under s104 of the migration act.

MIGRATION ACT 1958 - SECT 104 Changes in circumstances to be notified

Failure to comply might trigger a s109 or s116 cancellation.
Probably s116, as s109 relies on s107(1) which requires that the applicant be immigration cleared.

The obligation to notify occurred when the daughter was diagnosed with leukemia on 12 Feb 2016. The applicant should have notified DIBP at that time, under the requirements of s104, using Form 1022.

The applicant failed to notify DIBP in the intervening period (of better than 2.5 months), and the visa was granted on 6 May 2016 , with a planned arrival of 6 August 2016.

DIBP needs to be notified by the applicant immediately, including full details of when the diagnosis was received, and I too suspect the visa may well be cancelled.

My best wishes go out to designkangaroo - I wish him and his family well, especially his daughter of course.

Notifying DIBP now is important, it will reduce the stress once DIBP have made their decision, and it could have very serious consequences for the family if DIBP found out after their arrival.
 

·
Registered
Joined
·
5,182 Posts
Probably s116, as s109 relies on s107(1) which requires that the applicant be immigration cleared.

The obligation to notify occurred when the daughter was diagnosed with leukemia on 12 Feb 2016. The applicant should have notified DIBP at that time, under the requirements of s104, using Form 1022.

The applicant failed to notify DIBP in the intervening period (of better than 2.5 months), and the visa was granted on 6 May 2016 , with a planned arrival of 6 August 2016.

DIBP needs to be notified by the applicant immediately, including full details of when the diagnosis was received, and I too suspect the visa may well be cancelled.

My best wishes go out to designkangaroo - I wish him and his family well, especially his daughter of course.

Notifying DIBP now is important, it will reduce the stress once DIBP have made their decision, and it could have very serious consequences for the family if DIBP found out after their arrival.
I meant by s109 if the department finds out AFTER they enter Australia.
 

·
Registered
Joined
·
2 Posts
Discussion Starter · #9 ·
Appreciate everyone's insights and regret not being able to find time to reply.

I had decleared her condition a month back to DIBP. I am applying through an immi agent and these guys have emailed a complete case background with travel plans . Uphill now haven't heard from DIBP.
Should I presume they have no issues ?

We have not made a decleration through form 1022. ( need to chek my agent on that ). Probably will do it now before departing, have 10 days to fly. I would not like to be surprised on landing.

I sincerly pray that our Visa is not cancelled for this reason . We had to wait for 2 years abd we put on a lot of effort , time and money as well.

Will be looking forward to any more insights and advise from you guys ahead.
 

·
Registered
Joined
·
184 Posts
Many Prayers and wishes for your daughter. Hope she recovers soon.

I also you also get the best outcome in your favour.

Keep updating us.

Sent from my SM-J710F using Tapatalk
 

·
Registered
Joined
·
390 Posts
Appreciate everyone's insights and regret not being able to find time to reply.

I had decleared her condition a month back to DIBP. I am applying through an immi agent and these guys have emailed a complete case background with travel plans . Uphill now haven't heard from DIBP.
Should I presume they have no issues ?

We have not made a decleration through form 1022. ( need to chek my agent on that ). Probably will do it now before departing, have 10 days to fly. I would not like to be surprised on landing.

I sincerly pray that our Visa is not cancelled for this reason . We had to wait for 2 years abd we put on a lot of effort , time and money as well.

Will be looking forward to any more insights and advise from you guys ahead.
Relax buddy. They do not cancel visas unless they uncover fraudulent info or security risk.
 
1 - 11 of 11 Posts
Top