Analysis of Australian Immigration Law: Harpeet's Case Study

This report examines Australian immigration law, specifically addressing the case of Harpeet, a student visa applicant diagnosed with cancer. The analysis focuses on the health requirements for visa eligibility, referencing the A4.10 section regarding acceptable health standards and medical waivers. The report details the medical conditions that may lead to visa denial or the need for a waiver, including HIV, Hepatitis, and various other serious illnesses. It analyzes the financial implications of Harpeet's medical treatment, considering the cost and the role of his brother's financial support. Furthermore, the report discusses the two-tiered immigration process operated by Immigration New Zealand and assesses whether Harpeet's condition poses a risk to public health, concluding that he meets the requirements for a residence visa. The report references several sources from Immigration New Zealand's operational manuals and academic articles on migration and health.

Running head: AUSTRALIAN IMMIGRATION LAW
Australian Immigration Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Question 1........................................................................................................................................2
Question 2........................................................................................................................................3
Question 3........................................................................................................................................5
Reference.........................................................................................................................................7

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Question 1
According to the fact of the case, Harpeet has diagnosed with cancer and he applied for
Student visa. The cost of his health care treatment will be in excess of NZ$11,000 per year.
Now according to the A4.10 the acceptable standard of health provide the section for the
residence visa. Under this section, the visa applicant can apply for the residence class visa. For
the acceptable standard of health residential, visa applicable for a medical waiver. For the decline
of the visa under the residence class visa, it may decline any person if it was not assessed. It also
granted under the section A4.60 for an acceptable standard of health and a medical waiver1.
The applicants who apply for the residence visa must provide proper information of the
health diseases. It applicable for the health disease, which affects danger to public health or it
may completely imposed for significant costs for a health residence services or special education
services2. The applicant can considered under an acceptable standard of health for granting the
visa for a medical waiver according to undertake the work3.
The medical conditions, which will be applicable in this matters for the major diseases
like
 HIV infection,
 Hepatitis B added with antigen positive along with abnormal liver function
 Hepatitis C, RNA positive, solid organ transplants
 Chronic renal failure or progressive renal disorders
 Cardiac disease
1 ("A4.10 Acceptable Standard Of Health (Applicants For Residence) (30/07/2012)").
2 ("Operational Manual - Immigration New Zealand. Issue Date: 31 August 2017").
3 ("V3.40 Entry To New Zealand For The Purpose Of Medical Treatment Or Consultation").

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 Genetic or congenital disorders
 severe autoimmune disease
 Malignancies of solid organs and hematopoietic tissue
Under the above medical list, the hearing loss or profound bilateral sensori-neural hearing
loss, vision impairment with visual acuity and physical disability are also included. Therefore, it
is necessary to meet with the requirement of the residence class visa for the applicant4. If the
significant cost does not meet with New Zealand's health services requirement then the applicant
will never get the access of the resident visa. The applicant must have the ability to pay the cost
of the health services, pharmaceuticals, or residential cares, which are, required which he and
someone other than the applicant5.
Question 2
The medical issues are one of the important parts in the visa application for the applicant.
If any delay occurs in the visa processing, then it may cancel the visa processing in a competent
way. In the immigration process for the acceptable standard of health residence class visa, the
applicant must follow some rules, which are essential in New Zealand.
Under the terms of the visa process, it is necessary to operate the immigration process
with essential two tiers which has operated by the Immigration New Zealand where individually
any person can able to apply for the acceptable standard of health in a residence application6. It is
necessary to apply under a medical condition where a medical waiver is also required in the
4 ("V3.40 Entry To New Zealand For The Purpose Of Medical Treatment Or Consultation").
5 ("A4.10 Acceptable Standard Of Health (Applicants For Residence) (30/07/2012)").
6 ("V3.40 Entry To New Zealand For The Purpose Of Medical Treatment Or Consultation").

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application. The application will not acceptable if applicant is suffered under some dangerous
diseases, which are:
 HIV infection,
 Hepatitis B added with antigen positive along with abnormal liver function
 Hepatitis C, RNA positive, solid organ transplants
 Chronic renal failure or progressive renal disorders
 Cardiac disease
 Genetic or congenital disorders
 severe autoimmune disease
 Nurologcal diseases which includes poorly controlled epilepsy, Cerebrovascular disease,
Cerebral palsy, Poliomyelitis, progressive multiple sclerosis
 Malignancies of solid organs and hematopoietic tissue7
 Chronic respiratory disease
 Severe developmental disorders like brain injury, intellectual disability, physical
disability, and Autistic spectrum disorders8
Therefore, the medical conditions must be relevant with the health disorders of the
applicant9.
7 ("Operational Manual - Immigration New Zealand. Issue Date: 31 August 2017").
8 ("V3.40 Entry To New Zealand For The Purpose Of Medical Treatment Or Consultation").
9 ("A4.10 Acceptable Standard Of Health (Applicants For Residence) (30/07/2012)").

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According to the case facts Harpeet has applied for Student visa ad later he found
about his cancer. The cost of the treatment will be in excess of NZ$11,000 per year and his
brother wants to provide the medical support to him. Now according to the health
requirement for the immigration service Harpeet already cover all required area10. He was
already applied for student visa and now suffering from a diseases. Therefore the according
to the above requirement his diseases not matching with the list. The disease, which he is
suffering, not creates any danger to the public. Therefore, he can apply for the residential visa
in New Zealand11.
Question 3
According to the act of the case Harpeet is required pay the treatment amount of NZ$11,000
per year which written by the doctor. Therefore, in the significant of the cost, he is bound to pay
the medical costs in New Zealand. Now his brother will pay the amount for the medical
emergency12. The issue about the medical costs has solved. The second issue is one of the
important part in this case, which is health condition of the visa applicant13. The visa applicant is
suffering from cancer and he need to prove that his health condition is not creating any risk for
the country. The application of the visa is might not granted if the diseases are found according
to the below list. The diseases are:
 HIV infection,
 Hepatitis B added with antigen positive along with abnormal liver function
 Hepatitis C, RNA positive, solid organ transplants
10 ("Operational Manual - Immigration New Zealand. Issue Date: 31 August 2017").
11 ("V3.40 Entry To New Zealand For The Purpose Of Medical Treatment Or Consultation").
12 ("A4.10 Acceptable Standard Of Health (Applicants For Residence) (30/07/2012)").
13 ("Operational Manual - Immigration New Zealand. Issue Date: 31 August 2017").

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 Chronic renal failure or progressive renal disorders
 Cardiac disease
 Genetic or congenital disorders
 severe autoimmune disease
 Nurologcal diseases which includes poorly controlled epilepsy, Cerebrovascular disease,
Cerebral palsy, Poliomyelitis, progressive multiple sclerosis
 Malignancies of solid organs and hematopoietic tissue
 Chronic respiratory disease
 Severe developmental disorders like brain injury, intellectual disability, physical
disability, and Autistic spectrum disorders14
Therefore, according to the facts of the case cancer is not creating any danger for the
country15. The medical cost of him will paid by his brother according to the terms of the
significant cost of New Zealand. Therefore, no issues have found in this case where Harpeet
is not able to get the Acceptable Standard of Health for the residence visa. He is completely
applicable for the visa according to the A4.10 the acceptable standard of health16.
14 ("Operational Manual - Immigration New Zealand. Issue Date: 31 August 2017").
15 ("V3.40 Entry To New Zealand For The Purpose Of Medical Treatment Or Consultation").
16 ("A4.10 Acceptable Standard Of Health (Applicants For Residence) (30/07/2012)").

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Reference
"A4.10 Acceptable Standard Of Health (Applicants For Residence) (30/07/2012)."
Immigration.Govt.Nz, 2017, https://www.immigration.govt.nz/opsmanual/44855.htm.
"Operational Manual - Immigration New Zealand. Issue Date: 31 August 2017."
Immigration.Govt.Nz, 2017, https://www.immigration.govt.nz/opsmanual/.
"V3.40 Entry To New Zealand For The Purpose Of Medical Treatment Or Consultation."
Immigration.Govt.Nz, 2017, https://www.immigration.govt.nz/opsmanual/43656.htm.
Friesen, Wardlow. "Migration management and mobility pathways for Filipino migrants to New
Zealand." Asia Pacific Viewpoint (2017).
Joseph, Mary Geena Chakiamury. "From students to permanent residents: The role of social
networks in the immigration transition of Indians in New Zealand." Asian and Pacific Migration
Journal 25.2 (2016): 168-190.
Spinks, Harriet, and Michael Klapdor. New Zealanders in Australia: a quick guide.
Parliamentary Library, 2014.
Wickramage, Kolitha, and Davide Mosca. "Can migration health assessments become a
mechanism for global public health good?." International journal of environmental research and
public health 11.10 (2014): 9954-9963.

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