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Australian Immigration Law Update: The ‘Health’ Test Criteria

by | Aug 31, 2020 | Migration

Almost all Australian visas carry with them ‘health’ criteria requirements. You can check to see if a visa carries a health requirement by looking at the Public Interest Criteria (PIC) associated with the visa.

Public Interest Criteria (PIC)
All Australian visas are subject to PIC 4005, and/or 4007. ETAs and E-visitor visas are subject to 8527 – Free from TB

  • PIC 4005: General health requirement
  • PIC 4007: Health requirement and waiver.

Applicants are assessed against significant cost to the Australian community – i.e. health care and community services. Also, if prejudice will be caused to Australia citizens and permanent residents if you access health care or community services.

Significant Cost:
A Government Medical Officer of the Commonwealth (MOC) will assess any health issue or condition against a hypothetical person with the same condition. They will then assess likely cost or impact on services. If the cost of treatment is over $AUD49,000 over five (5) years (if a permanent visa) or for the life of the visa for a temporary residency visa, then there will be a failure of the health test.

Likewise, if the medical condition requires access to services which would deprive Australian citizens and permanent residents access to services (e.g. transplants), then a failure will occur. For applicants over 75 years of age, assessment is made across a three (3) year period.

If the MOC assesses that a potential failure is likely you will be given the opportunity to respond and produce further medical evidence showing that the cost threshold will not be exceeded.  You should seek professional legal advice from Immigration Lawyers & Registered Migration Agents.

A waiver of the health criteria is available on some visas under 4007(2) where the Minister is satisfied there will not be ‘undue cost’ or ‘prejudice’. In these circumstances you will be able to provide further evidence to support your claim. For instance, you could show that due costs are offset by assets or income and will not impact the Australia community.

It is always important to disclose potential medical conditions at the earliest with your Immigration Lawyer / Registered Migration Agent to assess likely outcomes.

Contact Nevett Ford Lawyers today if you require any Australian immigration assistance
?: +61 3 9614 7111
?: www.nevettford.com.au  
?: melbourne@nevettford.com.au

(Although our office is based in Melbourne, immigration is under the federal legislative framework and we can assist applicants based in or interested in any part of Australia.)