2016-Jul 29: Disputing Medical Information – What to send to the MA (Clarification)

Visa Pak 270: Updated advice for Immigration Officers about what to do when an applicant is disputing medical information including what to send to the MA.

Visa Paks

29 July 2016

Disputing Medical Information – What to send to the MA (Clarification)

Last week we issued some advice (22 July 2016) regarding the NOT ASH process for a residence visa. It is noted that there was an error in the information. This item replaces the previous advice provided.

Where a Medical Assessor (MA) or Ongoing Resourcing Scheme (ORS) assessor has assessed a client as not having an acceptable standard of health (NOT ASH), they have the right to provide a further opinion from a suitably qualified medical professional that disputes the assessor’s opinion.

For a residence class visa applicant, the following is a clarification of the process and when further medical information should  be provided

If And Then
A medical certificate for a client applying for residence is referred to a MA for their opinion. The MA is of the opinion the client is NOT ASH. PPI the client and give them the opportunity to provide a medical opinion from a medical practitioner or relevant professional which disputes this original assessment.
The client provides relevant disputing medical information. This is referred back to the same MA, and their opinion stays as not ASH.

The medical certificate is referred directly to the Medical Referee whose opinion is final.

(The client is not given an opportunity to provide further disputing medical information).
The client provides relevant disputing medical information. The MA changes their opinion to ASH. The IO can use the ASH opinion to decide the visa application.
The client does not provide any disputing medical information. - The MA's opinion of NOT ASH remains.

 

Disputing Medical Information

Information should be medically relevant and from a suitably qualified professional. Examples of such information are:

  • specialist reports
  • learning assessments (for ORS)
  • activities of Daily Living reports, etc.
    In the case of further information being sent to a medical referee, the disputing information must be a medical opinion from a medical practitioner or relevant professional.

Information that is unlikely to be relevant includes:

  • definitions or legal arguments surrounding the MA’s opinion
  • references to previous Immigration and Protection Tribunal decisions
  • references to health information by non-relevant professionals
  • non-medical reasons to remain in New Zealand.

This information should be managed by the immigration officer handling the visa application.

If you have been presented with a legal argument to a MA’s opinion and you need assistance in responding, please discuss with your Technical Advisor or refer to the Immigration Health Team or Operations Support.