This OM tells medical officers how to make statutory declarations. It also instructs visa officers to inform medical officers when statutory declarations are required. The role of medical officers in preventing the admission of medically inadmissible people goes beyond issuing medical notifications. The Federal Court has made it clear a reasonable expectation of excessive demand must be more than a medical condition.
Evidence is required to substantiate the conclusion of excessive demand.
Case Presentation recognize that medical officers can give appeals officers valuable evidence. Section 77 of the Immigration Act allows sponsors to appeal decisions by visa officers to refuse family class applications. After a sponsor files an appeal, the appeals office informs the visa office. A visa officer sets out in a statutory declaration the evidence considered in deciding the application for landing. This statutory declaration also includes a statement of the reasons for refusal.