immigration

Getting help

Graham Stocks — Wed, 20 Apr 2011 22:52:42 -0700

If you or a member of your family is HIV positive and you have applied for Australian residence, or considering whether to do so, it is advisable to get legal assistance. The following organisations may be able to assist or put you in touch with a migration agent or lawyer with experience in this field.

Legal advice

HIV/AIDS Legal Centre (NSW) www.halc.org.au

Appeals

Graham Stocks — Wed, 20 Apr 2011 22:50:53 -0700

If your application is rejected, you may have a right to apply for a review of the decision by the Migration Review Tribunal, or the Refugee Review Tribunal. In certain circumstances it may also be possible to seek a review by the Federal Magistrates Court of Australia and the Federal Court of Australia. You should get advice from a migration agent or lawyer.

What evidence may be useful?

Graham Stocks — Wed, 20 Apr 2011 22:31:23 -0700

If you are aware of your HIV positive status when applying for a visa, it is important toinclude as much evidence as possible with the visa application to highlight compassionate grounds for granting residency to you, and to show that granting you a permanent visa would not impose an “undue” cost on the Australian community.

Waiver

Graham Stocks — Wed, 20 Apr 2011 22:13:48 -0700

The Health Requirement may be waived for some visa classes, where there are
“compassionate grounds” to do so, and where granting permanent residence to the person would be unlikely to result in:

undue prejudice to the access to health care or community services of any
Australian citizen or permanent resident; or
undue cost to the Australian community.

HIV tests – who must be tested?

Graham Stocks — Wed, 20 Apr 2011 21:51:09 -0700

All permanent visa applicants aged 15 years or over are required to have an HIV blood test.

Members of a permanent visa applicant’s family who are over 15 and listed as dependants on the visa applicaion are also required to be tested.

Applying for permanent residence in Australia: Information for people with HIV and their advisors

Graham Stocks — Wed, 20 Apr 2011 21:37:57 -0700

This AFAOAustralian Federation of AIDS Organisations. AFAO is the peak non-government organisation representing Australia's community-based response to HIV/AIDS. AFAO's work includes education, policy, advocacy and international projects. Factsheet, March 2011, provides general information about how an HIV positive diagnosis may affect your own or a family member’s application for permanent residence in Australia. The policies are quite complicated and the process of applying for a permanent visa for someone with HIV can be daunting.

Tales from the network

Graham Stocks — Wed, 01 Dec 2010 17:43:58 -0800

There is a Network of Workers located at AIDS Councils and PLHIVPerson (or people) Living with HIV. This term is now preferred over the older PLWHA. Organisations around Australia, who understand the variety of treatment issues faced by positive people. We call them the Treataware Outreach Network (TON).

As an HIV positive peer support worker, Cipri Martinez sees a variety of people with a lot of different issues. And being able to help them out, he says, is what makes his job worthwhile.

Submission to Inquiry into the Migration Treatment of Disability

Graham Stocks — Thu, 11 Mar 2010 19:06:51 -0800

The Minister for Immigration and Citizenship, and the Parliamentary Secretary for Disabilities and Children's Services, have asked the Joint Standing Committee on Migration to undertake an inquiry relating to the health requirement in the Migration Act. NAPWA has made a Submission to this enquiry.

World AIDS Day:  ‘We are living our rights’

Paul Kidd — Mon, 30 Nov 2009 05:00:01 -0800

State and federal governments should make a clear commitment to reforming laws that discriminate against HIV-positive people, state and national organisations representing people living with HIV have said.

Restriction on HIV+ guest workers unjustified

David Menadue — Mon, 24 Nov 2008 18:00:46 -0800

NAPWA President Robert Mitchell has called for clarification from the Federal Government of media reports on plans to require HIV tests for people coming into Australia under the proposed Pacific Islander guest worker scheme.