A4.40 Seeking comment concerning health assessments (29/11/2010)

1. In all cases, an immigration officer must not decline an application on the basis that an applicant does not have an acceptable standard of health, without first seeking comment from the applicant on the report provided by the Immigration New Zealand medical assessor or the Ministry of Education (MoE) advising that the applicant does not meet the requirements of A4.10(b) or A4.15(b).
2. Where a further medical opinion on the medical condition or disability of the applicant, or a further opinion from a suitably qualified professional concerning an applicant's disability or eligibility for ORRS funding is provided and this disputes the original medical or ORRS assessment, officers must refer this to the Immigration New Zealand medical assessor (or MoE as appropriate) before deciding whether or not to decline the application.
3. Having regard to the opinion that disputes the assessment of the Immigration New Zealand medical assessor or the MoE, the Immigration New Zealand medical assessor or MoE assessor may either amend their original assessment or confirm their original assessment.

Effective 29/11/2010