May 12, 2008

Australian Court Ruling May Favor HIV-Positive Migrants

A recent ruling by the Federal Court of Appeal in Australia may provide better chances for HIV-positive people applying for Australian visas, the Sydney Star Observer reports (ssonet.com.au, 5/12).

The court ruled that medical assessments used to determine an applicant’s visa eligibility must be made within a reasonable time frame, such as 12 months.

Before the ruling, many HIV-positive applicants were denied visas because of rulings that were based upon outdated medical information, often several years old.

“What this means is that HIV-positive migrants who have had their visa applications rejected will now be able to appeal against that decision if their application was denied based on an outdated medical assessment,” says Iain Brady of the Sydney-based HIV/AIDS Legal Center. “This is an important ruling that ensures HIV-positive migrants will now get a much fairer go.”

Search: Australia, migrants, HIV/AIDS Legal Center

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