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.
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.