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Thread: Assessment report on Hep B and medical waiver

  1. #1
    lasthope is offline Junior Member
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    Default Assessment report on Hep B and medical waiver

    Today I received my medical assessment report from MA as saying "The Applicant has condition listed in Immigration instructions which is/are considered to impose significant costs and/or demands on New Zealandís health services or education services." plus following comments.
    ---------------------------------------------------------------------------
    1- Chronic hepatitis B
    2- Raised HBVDNA
    3- Fluctuating transaminase levels
    4- Appears likely would meet NZ criteria for treatment in antiviral medication in future
    5- Would be ASH (Acceptable Standard of Health) for temporary with review in 24 months
    6- No contraindications to waive
    ---------------------------------------------------------------------------

    From above comments, I do not see saying directly that my medical is not ASH. He has instead said the likelihood of being ASH @4 and 5. I agree 1,2 and 3 are correct per my medical reports but I am with chronic Hep B but with normal liver function.

    At this point, my CO said - I unlikely meet ASH requirement while MA has no where specifically mentioned it. Now, CO is asking for further medical opinion which may conflict with MA's comments but 1-3 is true..no argument. 4 &5 & 6 are comments nothing to do with GP to write against. So, I am not sure what should be contents of the opinion from GP. Please share if you have come across similar issue with your medical.

    Also, I do not understand 6.. does it mean that I am eligible for medical waiver? Sorry for long email.

    I really appreciate your help.

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Quote Originally Posted by lasthope View Post

    5- Would be ASH (Acceptable Standard of Health) for temporary with review in 24 months
    6- No contraindications to waive
    I'm not sure if there's a word missing in no. 5 - that is, 'Would be ASH for temporary entry with review in 24 months'. That might make sense if they may allow you in on a temporary visa and would review your condition within the 24 months. I'm just guessing, but that's what it looks like to me.

    No. 6 looks like he is saying he sees no reason why you can't apply for a waiver.

    This is only my interpretation of what you have written, not INZ's nor the MA's.
    Mother Bear

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    lasthope is offline Junior Member
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    Quote Originally Posted by MotherBear View Post
    I'm not sure if there's a word missing in no. 5 - that is, 'Would be ASH for temporary entry with review in 24 months'. That might make sense if they may allow you in on a temporary visa and would review your condition within the 24 months. I'm just guessing, but that's what it looks like to me.

    No. 6 looks like he is saying he sees no reason why you can't apply for a waiver.

    This is only my interpretation of what you have written, not INZ's nor the MA's.
    Thanks for the response.

    Those are comments I did copy paste..and exactly the same. Yupe, it seems a word or two missing in there.

    To me, it seems that CO has misinterpreted MA's report. MA has no where specifically mentioned about me being not-ASH. CO in the mail has said that I am not-ASH.

    If I go for waiver route, is the decision made by CO or MA?

  4. #4
    MotherBear's Avatar
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    In the Operational Manual it says;

    A4.70 Determination of whether a medical waiver should be granted (residence and temporary entry)

    Any decision to grant a medical waiver must be made by an immigration officer with Schedule 1-3 delegations (see A15.5).

    When determining whether a medical waiver should be granted, an immigration officer must consider the circumstances of the applicant to decide whether they are compelling enough to justify allowing entry to, and/or a stay in New Zealand.

    Factors that officers may take into account in making their decision include, but are not limited to, the following:

    the objectives of Health instructions (see A4.1) and the objectives of the category or instructions under which the application has been made;
    the degree to which the applicant would impose significant costs and/or demands on New Zealand's health or education services;
    whether the applicant has immediate family lawfully and permanently resident in New Zealand and the circumstances and duration of that residence (unless the limitations on the grant of medical waivers set out at A4.60(c) apply);
    whether the applicant's potential contribution to New Zealand will be significant;
    the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily).

    An applicant who is the partner or dependent child of a New Zealand citizen or residence class visa holder, who would otherwise meet the criteria for residence under Partnership (see F2.5 (a)) or Dependent Child (see F5.1(a)) instructions, will be granted a medical waiver unless the limitations on the grant of medical waivers to such persons set out at A4.60(a), A4.60(b) or A4.60(c) apply.
    An immigration officer should consider any advice provided by an Immigration New Zealand medical assessor on medical matters pertaining to the grant of a waiver, such as the prognosis of the applicant.
    An immigration officer must record decisions to approve or decline a medical waiver, and the full reasons for such a decision.
    Mother Bear

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